Opinion · Court of Appeals for the Third Circuit

Elmer G. Overly and Mary H. Overly v. Commissioner of Internal Revenue

243 F.2d 576

Type
Opinion
Court
Court of Appeals for the Third Circuit
Jurisdiction
Federal
Date
1957-04-29
Topic
general

PER CURIAM. The decisive question in this case is whether the income received by one of the taxpayers by way of salary for his personal services was income from a “trade or business regularly carried on by the taxpayer” within the meaning of section 122(d) (5) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 122(d) (5), relating to the net operating loss deduction. The Tax Court held that it was such income and upheld the Commissioner’s computation of the taxpayers’ income tax liability for the year 1951 on that basis. In so doing the Court followed and applied the decision of our brethren of the Second Circuit in Folker v. Johnson, 1956, 230 F.2d 906, in which this question was squarely raised and decided.

Citator

UpLaw has not yet analyzed Elmer G. Overly and Mary H. Overly v. Commissioner of Internal Revenue. The absence of a flag is not a finding that it is good law.

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8 opinions