Goldman v. Commissioner
United States Board of Tax Appeals
Where both a partner and a partnership of which he was a member kept their accounts on a cash receipts and disbursements basis, and each had the same accounting year, and where the partner died within such year, held that they should return for income tax the share of such decedent in the partnership income for the period ending with his death, irrespective of whether such share was distributed or not, the said share of income to be computed as of the date of such partner's…
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Where both a partner and a partnership of which he was a member kept their accounts on a cash receipts and disbursements basis, and each had the same accounting year, and where the partner died within such year, held that they should return for income tax the share of such decedent in the partnership income for the period ending with his death, irrespective of whether such share was distributed or not, the said share of income to be computed as of the date of such partner's death.
1Opinion of the Court
*1344OPINION.
Littleton:
The record upon which this proceeding is submitted consists solely of those parts of the petition which are admitted by respondent’s answer, affirmative admissions in respondent’s answer and evidence on one disputed fact, to wit, the amount which was paid by the firm of Levy Bros, prior to the death of Abe M. Levy (hereafter referred to as decedent), either to him or on his account. At the hearing petitioners, while conceding that the amount of $27,092.64, which was actually received by or paid on account of decedent during his life out of the earnings of the firm ,of Levy…
2Cases cited9 opinions
- Irwin v. GavitSupreme Court of the United States · 1925
- Burk-Waggoner Oil Assn. v. HopkinsSupreme Court of the United States · 1925
- Bankers' Trust Co. v. BowersCourt of Appeals for the Second Circuit · 1923
- Emerson v. SenterSupreme Court of the United States · 1886
- Robinson v. SimmonsMassachusetts Supreme Judicial Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Central Nat'l Bank v. CommissionerUnited States Board of Tax Appeals · 1933
- Degener v. CommissionerUnited States Board of Tax Appeals · 1932
- Goldman v. CommissionerUnited States Board of Tax Appeals · 1929
- Guaranty Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1936
- Hall v. CommissionerUnited States Board of Tax Appeals · 1931