Marshall v. Commissioner
United States Tax Court
Partnership income received by petitioner as his share of compensation for services rendered by the partnership over a period exceeding 36 months, held subject to allocation over the entire period, under section 107 (a), Internal Revenue Code, notwithstanding part of the services were rendered before petitioner's admission to partnership.
1DissentHill, J.
In my view the majority opinion is based upon the inherently erroneous premise that the law firm here involved was the identical partnership before the addition of petitioner thereto as it was after that event.
The Uniform Partnership Act permits an existing partnership to merge into a new partnership relation without the necessity of liquidating its assets or disrupting its business operations, but that act does not change the characteristics of a partnership. Relative to this subject matter the majority opinion'cites and relies on Callahan v. War Contracts Price Adjustment Board, 13 T. C.…
2Cases cited1 opinion
- Callahan v. War Contracts Price Adjustment BoardUnited States Tax Court · 1949