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Commissioner Vs. Kowalski

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  • US Supreme Court
  • Nov 29, 1977

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67 entries 4 linked 63 unlinked
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  1. Helvering Vs. Clifford US Supreme Court · Feb 26, 1940
  2. Douglas Vs. Willcuts US Supreme Court · Nov 11, 1935
  3. irwIn Vs. Gavit US Supreme Court · Apr 27, 1925
  4. Eisner Vs. Macomber US Supreme Court · Mar 08, 1920
  5. U.S. 77 (1977) U.S. Supreme Court Commissioner v. Kowalski
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  6. U.S. 77 (1977) Commissioner of Internal Revenue v. Kowalski
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  7. Commissioner v. Glenshaw
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  8. for Page 434 U. S. 82 the Third Circuit, in a per curiam opinion, held that its earlier decision in Saunders v. Commissioner
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  9. Helvering v. Midland
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  10. Glass Co., 348 U. S. 426 , 348 U. S. 429 -430 (1955), citing Commissioner v. Jacobson
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  11. U. S. 28 , 336 U. S. 49 (1949), and Helvering v. Stockholms
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  12. of the 1954 Code, it did not intend thereby to narrow the scope of that concept. See Commissioner v. Glenshaw
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  13. Glass Co., supra at 348 U. S. 431 . See also Commissioner v. LoBue
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  14. Van Rosen v. Commissioner
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  15. test to exclude from an employee's statutory income benefits conferred by his employer. An early case is Jones v. United
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  16. within the meaning of Eisner v. Macomber
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  17. doctrine centered primarily in the Tax Court. In two reviewed cases decided more than a decade apart, Benagli v. Commissioner
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  18. B.T.A. 838 (1937), and Van Rosen v. Commissioner
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  19. purpose for the furnishing of food and lodging. Two years later, the Tax Court, in an unreviewed decision in Doran v. Commissioner
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  20. However, the Court of Appeals for the Second Circuit, in Diamond v. Sturr
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  21. inquire whether such an implied exclusion survives the 1954 recodification of the Internal Revenue Code. Cf. Helvering v. Winmill
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  22. After noting the existence of the doctrine and the Tax Court's reliance on state law to refuse to apply it in Doran v. Commissioner
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  23. overrules decisions like Doran. As we have noted above, Van Rosen v. Commissioner
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  24. recognize a class of excludable cash meal payments. The two precedents for the exclusion of cash -- O.D. 514 and Jones v. United
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  25. and the Senate Report. Jones also rests on Eisner v. Macomber
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  26. and, indeed, any assumption that Congress did is squarely at odds with Commissioner v. Glenshaw
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  27. doctrine, respondent's allowance is indistinguishable from that in Van Rosen v. Commissioner
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  28. income. Indeed, the form of the meal allowance involved here has drastically changed from that passed on in Saunders v. Commissioner
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  29. see n 30, infra, were properly deducted from respondent's income as travel expenses. See United States v. Correll
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  30. See Wilson v. United
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  31. United States v. Keeton
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  32. United States v. Morelan
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  33. United States v. Barrett
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  34. Magness v. Commissioner
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  35. Saunders v. Commissioner
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  36. F.2d 768 (CA3 1954) (troopers' meal allowance nontaxable). See also Ghastin v. Commissioner
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  37. Hyslope v. Commissioner
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  38. of the Army. Id. at 837. His principal argument in the Tax Court was the factual similarity of his case to Jones v. United
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  39. See Benaglia v. Commissioner
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  40. Diamond v. Sturr
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  41. Romer v. Commissioner
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  42. Dietz v. Commissioner
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  43. example 8). Nor do we decide whether sporadic meal reimbursements may be excluded from income. Cf. United States v. Correll
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  44. of the Revenue Act of 1921, 42 Stat. 237, which was involved in Jones v. United
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  45. Compare supra at 434 U. S. 80 -81 and Magness v. Commissioner
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  46. F.2d 740 (CA5 1957), with Saunders v. Commissioner
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  47. dissenting. More than a decade ago, the United States Court of Appeals for the Eighth Circuit, in United States v. Morelan
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  48. Page 434 U. S. 97 Two cases, Magness v. Commissioner
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  49. U.S. Supreme Court Commissioner v. Kowalski
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  50. Commissioner of Internal Revenue v. Kowalski
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