Opinion

Davis v. Commissioner

  • 10 B.T.A. 1233
  • 1928 BTA LEXIS 3922
Court
United States Board of Tax Appeals
Filed
Mar 8, 1928
Status
Published
Author
Teussell
On the bench
Teussell
Cited by
0 cases
Authority
More cited than 66.0%

The opinion

*1234 OPINION.

Teussell:

The record in this case clearly establishes that during all the period from 1919 to 1922, inclusive, and since that time, the petitioner and his wife had each drawn from the Wisconsin Furniture Co. the compensation designated and authorized by said company and have each treated the same as their separate income and separate property. All the facts disclosed convince us that during those years there existed a clear and definite agreement between husband and wife as to the character and the exclusive possession and use of such salaries and that such agreement has been continuously in existence and continuously acted upon by each of them. The Board has heretofore had similar situations under consideration in the Estate of George W. Randall, 4 B. T. A. 679; Frank E. Wall, 4 B. T. A. 915; Louis Gassner, 4 B. T. A. 1071; Harry S. Goldberg, 4 B. T. A. 1073; Leon Salomon, 4 B. T. A. 1109; and Hyman Levine, 8 B. T. A. 298. The opinions and decisions of the Board in those cases are controlling here. The wife’s compensation for the year 1922 should not have been added to the petitioner’s income.

Judgment will be entered for the 'petitioner.

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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