KINNICUTT v. COMMISSIONER

Docket No. 112045.

2 T.C.M. 902 (1943)

G. Hermann Kinnicutt v. Commissioner.

United States Tax Court.

Entered October 9, 1943.


Attorney(s) appearing for the Case

Charles C. Parlin, Esq., 63 Wall St., New York, N. Y., and John P. Ohl, Esq., for the petitioner. Carl A. Phillipps, Esq., for the respondent.


Memorandum Findings of Fact and Opinion

The Commissioner determined a deficiency of $4,025.90 in income tax for 1938, holding that an amount, part of a tax assessment against petitioner, paid by his partners in settlement of a controversy between them, was taxable income to petitioner.

Findings of Fact

The petitioner, a resident of New York City, filed his income tax return for 1938 on a cash basis in the Second District of New York. Prior to December...

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