Legal Opinion

Danielson v. Commissioner

United States Tax Court

Decided July 12, 1965No. Docket Nos. 1779-63, 5489-63, 344-64, 473-64PublishedCited by 188 opinions

Held, on these facts, that amounts allocated by the purchaser to petitioners' covenants not to compete, which accompanied their sale of the stock of a small loan company, were in reality payments for corporate assets, thus making the payments so received taxable as capital gains.

1Opinion of the Court

Dawson, Judge:

Respondent determined the following deficiencies in petitioners’ income taxes for the year 1959:

Carl

5489-63. Helen P. Sherman. ..... 4,626.30

344-64.. Estate of Jacob F. Schaffner, Deceased, Elizabeth Schaffner and Erwin and Elizabeth Schaffner. 1,770.96

473-64.. Hugh E. and Katherine McLennan___ 6,001.49

In docket No. 5489-63 Helen P. Sherman has claimed in her petition an overpayment in the amount of $2,675.81.

Petitioners sold the stock of their small loan company for $374 per share and the buyer allocated a portion thereof to separate covenants not to compete just prior to the…

2Cases cited9 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  3. Ullman v. CommissionerCourt of Appeals for the Second Circuit · 1959
  4. Hamlin's Trust v. Commissioner of Internal Revenue. Nowel's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1954
  5. Schulz v. CommissionerCourt of Appeals for the Ninth Circuit · 1961

4 more not listed; retrieve them via the Exa API.

3Cited by188 opinions

  1. Commissioner v. DanielsonCourt of Appeals for the Third Circuit · 1967
  2. Buffalo Tool & Die Mfg. Co. v. CommissionerUnited States Tax Court · 1980
  3. Schmitz v. CommissionerUnited States Tax Court · 1968
  4. Coleman v. CommissionerUnited States Tax Court · 1986
  5. Segel v. CommissionerUnited States Tax Court · 1987

183 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API