Opinion

Kahler v. Comm'r

  • 18 T.C. 31
  • 1952 U.S. Tax Ct. LEXIS 229
Court
United States Tax Court
Filed
Apr 4, 1952
Status
Published
Author
Murdock
On the bench
Rice, Harron, Murdock
Cited by
33 cases

holding that a commission check received on December 31, 1946, was taxable income in 1946 even though the taxpayer did not cash the check until January 2, 1947

How later courts described this case

  • holding that a commission check received on December 31, 1946, was taxable income in 1946 even though the taxpayer did not cash the check until January 2, 1947
  • distinguishing Fischer v. Commissioner, 14 T.C. 792 (1950)
  • check received after 5 p.m. on December 31, 1946, and cashed January 2, 1947, was a cash equivalent upon receipt and properly included in 1946

Written by the judges who cited it.

Distinguished

  • Distinguished by United States v. Unger, 159 F. Supp. 850 (1958)

    Kahler v. Commissioner, 1952, 18 T.C. 31, is distinguishable both because the check was-made to one payee and because the check for $4,332.97 could be used without further investigation being made by thedrawee-bank or the person asked to cash it.
    District Court, D. New JerseyMar 13, 1958Read it

The opinion

Murdock, J., concurring: I agree with the result reached that the receipt of a check is regarded as payment and income unless it is subject to some restriction but feel that the petitioner’s case is weaker in some respects than the majority opinion might indicate. A finding is made that the check in question was received by the petitioner “sometime after 5 p. m. on December 31, 1946.” There is also evidence that he could not have obtained cash for the check at the drawee bank but he could have deposited the check in that bank, later on December 31, 1946. There was another bank in the town and the evidence does not show whether or not he could have cashed the check in that bank after regular banking hours. Furthermore ho might have made some other use of the check during 1946. For example, he might have cashed it at some place other than at a bank or he might have used it to discharge some obligation, within the year 1946.

HarRON, J., agrees with this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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