# Wood v. Commissioner

> United States Board of Tax Appeals · December 31, 1935 · 33 B.T.A. 806

URL: https://www.frixlaw.com/law-library/cases/4495932

## Case

- **Full name:** H. O. WOOD, JR., <emphasis typestyle="it">v.</emphasis> COMMISSIONER OF INTERNAL REVENUE
- **Court:** United States Board of Tax Appeals
- **Decided:** December 31, 1935
- **Citations:** 33 B.T.A. 806; 1935 BTA LEXIS 693
- **Precedential status:** Published
- **Opinion:** Concurrence by Turner
- **Judges:** McMahon, Point, Mtjrdock, Smith, Mellott, Agree, Black, Turner, Arundell, Leech
- **Cited by:** 0 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/4495932

## Opinion text

TURNER:
I concur in the above dissent with reference to the first point. If under New York law there was only one partnership, certainly no loss was sustained. If a new partnership was formed, the members of the old partnership, as their contributions to capital, merely transferred in kind their distributive shares of the old partnership assets. There was no completed transaction, and no loss was sustained.
Smith agrees with the above.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4495932. Public record. Not legal advice.
