Legal Opinion
Goldsmith v. Commissioner of Internal Revenue
Court of Appeals for the Second Circuit
Decided June 14, 1944No. 88PublishedCited by 43 opinions
1Opinion of the Court
CHASE, Circuit Judge.
The petitioners are a husband and wife who filed joint income tax returns for 1938 and 1939. In each year payments made to .the husband by Paramount Pictures, Inc., for an assignment- of the exclusive motion picture rights in a play which the husband had written and on which he had been granted a statutory copyright were reported as capital gains resulting from a sale of capital assets. The Commissioner treated such payments as ordinary income and determined a deficiency for each year accordingly. The Tax Court sustained that determination on two grounds, viz., that the…
2Cases cited5 opinions
- M. Witmark & Sons v. Pastime Amusement Co.District Court, D. South Carolina · 1924
- Sabatini v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1938
- Photo-Drama Motion Picture Co. v. Social Uplift Film Corp.Court of Appeals for the Second Circuit · 1915
- Westway Theatre, Inc. v. Twentieth Century-Fox Film Corp.District Court, D. Maryland · 1940
- Goldwyn Pictures Corp. v. Howells Sales Co., Inc.Court of Appeals for the Second Circuit · 1922
3Cited by43 opinions
- Leahy v. CommissionerUnited States Tax Court · 1986
- Rohmer v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1946
- Tolwinsky v. CommissionerUnited States Tax Court · 1986
- Durkin v. CommissionerUnited States Tax Court · 1986
- Thomas J. Durkin, Colette A. Durkin, Jerome A. Grossman and Sybil G. Grossman v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1989
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