Opinion · Court of Appeals for the Fifth Circuit

Commissioner of Internal Revenue v. Smith

173 F.2d 470

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1949-03-24
Topic
general

HOLMES, Circuit Judge. The taxpayer owned a 65% interest in the partnership business of Hyman Supply Company, a retailer of oil-field supplies in Alice, Texas. On December 31, 1942, he sold his undivided interest in the business to one of the remaining partners and two new persons. The sole question for decision is: Was this sale of the taxpayer’s undivided interest the sale of a capital asset? It is well settled in Texas that a partner has no separate or exclusive right to any part or portion of the partnership assets, but has a common interest in all of the assets.

Citator

UpLaw has not yet analyzed Commissioner of Internal Revenue v. Smith. The absence of a flag is not a finding that it is good law.

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29 opinions