# Marshall v. Commissioner

> United States Tax Court · May 21, 1973 · 60 T.C. 242

URL: https://www.frixlaw.com/law-library/cases/4482421

## Case

- **Full name:** I. J. Marshall and Claribel Marshall v. Commissioner of Internal Revenue, Respondent Flora H. Miller v. Commissioner of Internal Revenue
- **Court:** United States Tax Court
- **Decided:** May 21, 1973
- **Citations:** 60 T.C. 242; 60 T.C. No. 29; 1973 U.S. Tax Ct. LEXIS 126
- **Precedential status:** Published
- **Opinion:** Concurrence by Sterrett
- **Judges:** Sterrett
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4482421

## Opinion text

Sterrett, /., concurring: I concur in the result reached by the majority because petitioner has failed to show that the interest received by Realty was not within the traditional concepts of “passive investment income.” However, I do not believe that the term “interest” as used in section 1372(e) (5) (C) means that any interest, in all events, must be so classified. To so hold would be to accord a substantive meaning to the change in heading for subparagraph (5) when Pub. L. 89-389 changed the heading from “Personal Holding Company Income” to “Passive Investment Income.” It seems to me that interest may not, under some circumstances, qualify as passive income. Cf. sec. 542(c)(6).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4482421. Public record. Not legal advice.