Legal Opinion
Austin v. Commissioner of Internal Revenue
Court of Appeals for the Sixth Circuit
Decided May 12, 1947No. 10339PublishedCited by 24 opinions
1Opinion of the Court
MARTIN, Circuit Judge.
The Supreme Court, in Helvering v. Horst, 311 U.S. 112, 61 S.Ct. 144, 85 L.Ed. 75, 131 A.L.R. 655, held that where a father, who as a taxpayer reported his income-on the cash receipts basis, detached from certain bonds owned by him negotiable interest coupons before their due date and gave them to his son, who, in the same year, collected the coupons at maturity, the donor father was taxable on the interest payments under Section 22 of the Revenue Act of 1934, 26 U.S.C.A. Int.Rev.Acts, page 669.
It was reasoned that, although the donor by transferring the coupons had…
2Cases cited15 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- Lucas v. EarlSupreme Court of the United States · 1930
- Helvering v. HorstSupreme Court of the United States · 1940
- Corliss v. BowersSupreme Court of the United States · 1930
- Blair v. CommissionerSupreme Court of the United States · 1937
10 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Fisher v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1954
- Floyd v. Scofield, Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1952
- Campbell, Collector of Internal Revenue v. Prothro Et UxCourt of Appeals for the Fifth Circuit · 1954
- John L. Greer, Sr., and Wife, Russell Z. Greer v. United StatesCourt of Appeals for the Sixth Circuit · 1969
- Jones v. CommissionerCourt of Appeals for the Fifth Circuit · 1962
19 more not listed; retrieve them via the Exa API.