kelly legner stanton appellate brief

kelly legner stanton appellate brief - Alden D. STANTON and...

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Alden D. STANTON and Louise M. Stanton, Appellees, v. U.S., Appellant Code Sec(s): Court Name: U.S. Court of Appeals, Second Circuit, Docket No.: No. 25569, Date Decided: 07/06/1959 Prior History: District Court reversed. Tax Year(s): Year 1943. Disposition: Decision for Government. Cites: 4 AFTR 2d 5071, 268 F2d 727, 59-2 USTC P 9562. Issues Facts The plaintiffs sue to secure a refund of $15,056.29 representing income taxes (principal and interest) paid for the year 1943, which they allege were illegally collected. In 1933 or 1934 the plaintiff, Mr. Stanton, had been retained to manage the real property of Trinity Church in New York. Trinity Operating Company, Inc., was organized to take over this work and Mr. Stanton became its president and a member of its board of directors. In November, 1943, he voluntarily resigned as Comptroller, and as president and director of the Operating Company, and a few days previously the Operating Company had passed a resolution that "in appreciation of the services rendered by Mr. Stanton as Manager of the Estate and Comptroller of the Corporation of Trinity Church throughout nearly ten years, and as President of Trinity Operating Company, Inc., its subsidiary, a gratuity is hereby awarded to him of Twenty Thousand Dollars *** provided that, with the discontinuance of his services, the Corporation of Trinity Church is released from all rights and claims to pension and retirement benefits not already accrued up to November 30, 1942. Rulings: The Commissioner of Internal Revenue decided that it was income and assessed a deficiency for the year 1943 in the amount of $10,629.57. The plaintiffs eventually paid this with accumulated interest, $15,066.29, and filed a claim for refund upon whose denial they filed this action; and after a trial without a jury Judge Byers granted judgment in their favor.
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It is clear in the decisions, perhaps especially in this circuit, that in such situations the test of "compensation" is not whether the donor is under any legal obligation to make the payment; but
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This note was uploaded on 05/23/2011 for the course ACCT 827 taught by Professor Gayden during the Spring '11 term at Governors State University.

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kelly legner stanton appellate brief - Alden D. STANTON and...

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