26 U.S.C. § 188
Repealed. Pub. L. 101–508, title XI, § 11801(a)(13), Nov. 5, 1990, 104 Stat. 1388–520]
[repealed]
Notes of Decisions
Cited in 10
cases, 1949–1961 · leading case: Meier v. Comm'r of Internal Revenue (Two Cases), 199 F.2d 392 (8th Cir. 1952).
Meier v. Comm'r of Internal Revenue (Two Cases), 199 F.2d 392 (8th Cir. 1952). “Arthur Meier and Milton Meier were not partners in Milcrest Co. and Section 188 can have no application.”
Schulz v. Comm'r, 294 F.2d 52 (9th Cir. 1961). “” 26 U.S.C.A. § 188 . . In this regard, it seems significant that the “other partners” have abandoned the customer lists as having business value, in their briefs.”
Shunk v. Comm'r of Internal Revenue, 173 F.2d 747 (6th Cir. 1949). “If the partnership has been operating at a loss during that part of the year, such payments are distributions of capital. Profits *751 made during the first part of the year may be wiped out by operating losses during the remainder of the year.”
J. Sterling Halstead & Marcella S. Halstead v. Comm'r of Internal Revenue, 296 F.2d 61 (2d Cir. 1961). “The taxpayer intended to create a partnership, thought he had done so, and for nine years filed tax returns for the partnership, whose fiscal year ended March 31, and in his own return on the calendar year basis included his share of partnership income, as required by § 188 of…”
Comm'r of Internal Revenue v. Waldman's Est., 196 F.2d 83 (2d Cir. 1952). “, 26 U.S.C. § 188 which, as construed in that case, does control.”
Girard Trust Co. v. United States, 182 F.2d 921 (3rd Cir. 1950). “The executors found their position upon the provisions of Sections 188 and 126(a) (1) of the Internal Revenue Code, 26 U.S. C.A. §§ 188, 126(a)(1). Section 188 reads as follows: “§ 188.”
Est. of Knipp v. Comm'r, 244 F.2d 436 (4th Cir. 1957). “188, 26 U.S.C.A. § 188 , undertakes to deal specifically with this situation.”
Smith v. Henslee, 173 F.2d 284 (6th Cir. 1949). “Section 188 of the Internal Revenue Code, 26 U.S.C.A. § 188 , does not lead to that result.”
Girard Trust Co. v. United States, 86 F. Supp. 816 (E.D. Pa. 1949). “§ 47 (g), Section 188 3 of the Code 26 U.S.C.A. § 188 , permits a partner whose taxable year is different from that of the partnership to compute his net income based upon the income of the partnership for any “taxable year” of the partnership ending within the taxable year of…”
Shirley v. O'Malley, 91 F. Supp. 98 (D. Neb. 1950). “26 U.S.C.A. § 188 . And for the purpose of this case we feel that the partners should be considered distinct from the partnership.”
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