Legal Opinion

Banks v. Commissioner

United States Tax Court

Decided February 28, 1952No. Docket No. 29563Published

1. Sec. 22 (a) -- Payments for Research -- Income. -- A polytechnic institute held a United States Navy contract under which it was to test certain materials. The institute appointed the petitioner, a graduate student in chemistry, to its research staff.

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1. Sec. 22 (a) -- Payments for Research -- Income. -- A polytechnic institute held a United States Navy contract under which it was to test certain materials. The institute appointed the petitioner, a graduate student in chemistry, to its research staff. Under the appointment he was assigned to do research work on the Navy contract with the stipulation that he would devote 35 hours weekly to the work under the direction of supervisors, and that he would receive a monthly salary. Held, that the institute, in appointing the petitioner to its research staff, intended the monthly payments as…

1Opinion of the Court

Ephraim Banks and Libby K. Banks, Petitioners, v. Commissioner of Internal Revenue, Respondent

Banks v. Commissioner

Docket No. 29563

United States Tax Court

17 T.C. 1386; 1952 U.S. Tax Ct. LEXIS 265;

February 28, 1952, Promulgated

Decision will be entered for the respondent.

1. Sec. 22 (a) -- Payments for Research -- Income. -- A polytechnic institute held a United States Navy contract under which it was to test certain materials. The institute appointed the petitioner, a graduate student in chemistry, to its research staff. Under the appointment he was assigned to do research work on the Navy…

2Cases cited6 opinions

  1. Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
  2. Noel v. ParrottCourt of Appeals for the Fourth Circuit · 1926
  3. Banks v. CommissionerUnited States Tax Court · 1952
  4. United States v. RobertsonCourt of Appeals for the Tenth Circuit · 1951
  5. Stein v. CommissionerUnited States Tax Court · 1950

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