Olinger v. Commissioner
United States Tax Court
The taxpayer's wife advanced to him funds on three occasions for use in a business of renting automobiles and adjusting insurance claims conducted by him. She also assisted at times in the business and made unrecorded withdrawals of its funds for household and living expenses.
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The taxpayer's wife advanced to him funds on three occasions for use in a business of renting automobiles and adjusting insurance claims conducted by him. She also assisted at times in the business and made unrecorded withdrawals of its funds for household and living expenses. Prior to the signing of a partnership agreement with her in 1944 at an accountant's suggestion, the taxpayer had never represented the business as a partnership and no agreement to divide profits and losses with his wife can be inferred from documents or acts prior to the accountant's suggestion. On the evidence, held,…
1Opinion of the Court
OPINION.
Johnson, Judge:
Respondent defends his determination that all income of L. C. Olinger & Co. is taxable to petitioner in 1943,, contending that no bona fide partnership existed between petitioner and his wife because there was no agreement of partnership, petitioner conducted the business as sole owner, tod the wife contributed no vital services or capital. He regards the partnership alleged as a theory advanced solely for tax avoidance and unsupported by the evidence. Petitioner admits that no written agreement was signed until March 1944 (and even that was not introduced in evidence),…
2Cases cited5 opinions
- Commissioner v. TowerSupreme Court of the United States · 1946
- Lusthaus v. CommissionerSupreme Court of the United States · 1946
- Burnet v. LeiningerSupreme Court of the United States · 1932
- Zukaitis v. CommissionerUnited States Tax Court · 1944
- Drennen v. London Assurance Co.Supreme Court of the United States · 1885
3Cited by15 opinions
- Schnitzer v. CommissionerUnited States Tax Court · 1949
- Drew v. CommissionerUnited States Tax Court · 1949
- Ewing v. CommissionerUnited States Tax Court · 1953
- Linsenmeyer v. CommissionerUnited States Tax Court · 1956
- Semel v. CommissionerUnited States Tax Court · 1965
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