Moore v. Commissioner
United States Tax Court
Held: For purposes of sec. 1348, I.R.C. 1954, capital was a material income-producing factor in petitioners' retail grocery business. Consequently, only 30 percent of the net profits of their business qualify for the 50-percent maximum rate on earned income.
1Opinion of the Court
Dawson, Judge:
Respondent determined deficiencies of $12,998.38 and $23,506.31 in the Federal income tax of petitioners for- the taxable years 1974 and 1975, respectively. The issue for our decision is whether within the meaning of section 13481 capital- was a material income-producing factor in petitioners’ retail grocery business.
FINDINGS OF FACT
Some of the facts have been stipulated and are found accordingly.. The stipulation of facts and the exhibits attached théreto are incorporated herein by this reference.
Robert G. - Moore and W. Yvonne Moore, husband and wife (hereinafter petitioners),…
2Cases cited3 opinions
- Rousku v. CommissionerUnited States Tax Court · 1971
- Bruno v. CommissionerUnited States Tax Court · 1978
- Fairfax Mut. Wood Products Co. v. CommissionerUnited States Tax Court · 1945
3Cited by35 opinions
- Thomas v. CommissionerUnited States Tax Court · 1989
- Gaudern v. CommissionerUnited States Tax Court · 1981
- John M. Friedlander and Corrine Friedlander v. United StatesCourt of Appeals for the Ninth Circuit · 1983
- The United States v. L.J. And Marjorie Van DykeCourt of Appeals for the Federal Circuit · 1982
- Van Kalker v. CommissionerUnited States Tax Court · 1983
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