Legal Opinion
Simpkinson v. Commissioner of Internal Revenue
Court of Appeals for the Fifth Circuit
Decided April 12, 1937No. 8298PublishedCited by 5 opinions
1Opinion of the Court
SIBLEY, Circuit Judge.
The single question is whether $40,000 paid to Robert M. Kerr, by Unopco Corporation in January, 1931, was a nontaxable gift or taxable as income. The Revenue Act of 1928, § 22, 45 Stat. 797 (26 U.S.C.A. § 22 and note), declares: “‘Gross income’ includes * * * income derived from * * * compensation for personal service, of whatever kind and in whatever form paid.” To be excluded is “the value of property acquired by gift,” etc. The Commissioner held the payment to be taxable as “a bonus in recognition of valuable and loyal services rendered,” and the Board of Tax Appeals…
2Cases cited5 opinions
- Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
- Bass v. HawleyCourt of Appeals for the Fifth Circuit · 1933
- Schumacher v. United StatesUnited States Court of Claims · 1932
- Bogardus v. HelveringCourt of Appeals for the Second Circuit · 1937
- Walker v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1937
3Cited by5 opinions
- Roberts v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1949
- National Labor Relations Board v. American Pearl Button Co.Court of Appeals for the Eighth Circuit · 1945
- Frank v. United StatesDistrict Court, S.D. New York · 1966
- National Labor Relations Board v. American Pearl Button Co.Court of Appeals for the Eighth Circuit · 1945
- Simpkinson v. CommissionerCourt of Appeals for the Fifth Circuit · 1937