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Commissioner Vs. Culbertson

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  • US Supreme Court
  • Jun 27, 1949

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50 entries 6 linked 44 unlinked
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  1. Helvering Vs. Clifford US Supreme Court · Feb 26, 1940
  2. National Carbide Corp. Vs. Commissioner US Supreme Court · Mar 28, 1949
  3. Eisner Vs. Macomber US Supreme Court · Mar 08, 1920
  4. Meehan Vs. Valentine US Supreme Court · May 10, 1892
  5. Lucas Vs. Earl US Supreme Court · Mar 17, 1930
  6. Lyeth Vs. Hoey US Supreme Court · Dec 05, 1938
  7. U.S. 733 (1949) U.S. Supreme Court Commissioner v. Culbertson
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  8. U.S. 733 (1949) Commissioner v. Culbertson
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  9. We granted certiorari, 335 U.S. 883, to consider the Commissioner's claim that the principles of Commissioner v. Tower
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  10. U. S. 280 , and Lusthaus v. Commissioner
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  11. from the ranch that brings this case into the courts. First. The Tax Court read our decisions in Commissioner v. Tower
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  12. supra, and Lusthaus v. Commissioner
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  13. that income must Page 337 U. S. 740 be taxed to him who earns it. Lucas v. Earl
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  14. U. S. 422 . Furthermore, our decision in Commissioner v. Tower
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  15. of income to which each partner contributes one or both of the ingredients of income -- capital or services. Ward v. Thompson
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  16. U. S. 742 their 'agreement, considered as a whole, and by their conduct in execution of its provisions.' Drennen v. London
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  17. Cox v. Hickman
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  18. U. S. 102 , 283 U. S. 117 . See Allen v. Trust
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  19. in the family partnership, any more than we said that all family trusts are invalid for tax purposes in Helvering v. Clifford
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  20. as general law, purposes. In the Tower and Lusthaus cases, this Court, applying the principles of Lucas v. Earl
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  21. supra, and Helvering v. Horst
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  22. Merchants Loan & Trust Co. v. Smietanka
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  23. being entrusted with the disposition of partnership funds or of contributing substantial services occurred in Tinkoff v. Commissioner
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  24. Edgington v. Fitzmaurice
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  25. been determinative of the question whether a partnership has been formed as between the parties. See, e.g., Drennen v. London
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  26. Barker v. Kraft
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  27. Zuback v. Bakmaz
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  28. Kennedy v. Mullins
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  29. appropriate legal criteria are. The Tax Court's decision rested on a misconception of our decision in Commissioner v. Tower
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  30. the nature of that concept was decisive. It is significant that among the cases cited was the leading case of Cox v. Hickman
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  31. simply of the commonplace that no finder of fact can see through the eyes of any other finder of fact. See Texas v. Florida
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  32. refuse to be precluded from holding the taxpayer to his election to adopt the form of a partnership. Cf. Higgins v. Smith
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  33. Lyeth v. Hoey
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  34. Fletcher v. Commissioner
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  35. Hougland v. Commissioner
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  36. U.S. Supreme Court Commissioner v. Culbertson
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  37. of Commissioner v. Tower
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  38. and Lusthaus v. Commissioner
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  39. Commissioner v. Tower
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  40. Ward v. Thompson
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  41. Drennen v. London
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  42. See Allen v. Trust
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  43. of Lucas v. Earl
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  44. and Helvering v. Horst
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  45. Tinkoff v. Commissioner
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  46. of Cox v. Hickman
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  47. See Texas v. Florida
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  48. Cf. Higgins v. Smith
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  49. Fletcher v. Commissioner
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  50. United States v. Wells
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