Legal Opinion

Barbour v. Commissioner of Internal Revenue

Court of Appeals for the Fifth Circuit

Decided April 6, 1937No. 8319PublishedCited by 22 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

The commissioner found, and the board affirmed, that one-half of the profit on liquidation of stock, property of the community of Mr. and Mrs. Clyde Barbour, in fact paid to and received by the independent executors of Clyde Barbour, deceased in 1931, while the estate was still in administration, was in law received by and taxable to Mrs. Barbour as income in that year.

By her petition for review Mrs. Barbour takes issue with this finding and determination, as a complete ignoring of the controlling facts, to give effect to a supposed, but mistaken, analogy. She insists…

2Cases cited5 opinions

  1. Carlton v. GoeblerTexas Supreme Court · 1900
  2. Lovejoy v. CockrellTexas Commission of Appeals · 1933
  3. Moke & Brother v. BrackettTexas Supreme Court · 1866
  4. Kuldell v. CommissionerCourt of Appeals for the Fifth Circuit · 1934
  5. Tucker v. BrackettTexas Supreme Court · 1866

3Cited by22 opinions

  1. United States v. MerrillCourt of Appeals for the Ninth Circuit · 1954
  2. Robert L. Phinney, District Director of Internal Revenue v. Ruth Kiehl ChambersCourt of Appeals for the Fifth Circuit · 1968
  3. Bishop v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1945
  4. Sneed v. CommissionerUnited States Tax Court · 1952
  5. Masterson v. CommissionerCourt of Appeals for the Fifth Circuit · 1944

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