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24 B.T.A. 39

Franken v. Commissioner

United States Board of Tax Appeals

Decided September 17, 1931

United States Board of Tax Appeals · decided 1931-09-17

Compensation for professional services rendered as attorney for certain municipal corporations held not exempt from taxation under section 1211 of the Revenue Act of 1926. Burnet v. Jones, 50 Fed.(2d) 14.

Cited by 3 later decisions — most recently August 1936

Relies on Mathews v. Commissioner

Good law ✅— No negative treatment on recordhow we know

Decided 1931-09-17

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¶1*40OPINION.

Lansdon :

¶2The identical question raised in these proceedings as to the compensation received by each of the petitioners for legal services rendered to the Norborne Land Drainage District Company has been decided by the Circuit Court of Appeals for the Eighth Circuit in Burnet v. Jones, 50 Fed. (2d) 14, where the compensation received by S. J. J ones, who was also one of the attorneys for such company, was held to be taxable. A similar question is presented as to the compensation received by each of the petitioners for legal services rendered to the Egypt-Prairie Drainage District, under a contract of employment almost identical in its terms with the Norborne contract. Upon authority of the Jones case, sufra, which we think is controlling as to both items of income, the respondent’s determination is approved.

¶3As to the compensation of $100 received by each of the petitioners for legal services rendered to the city of Norborne, Mo., the record is insufficient for us to determine whether the petitioners were employees of the city, in accordance with our holding in W. B. Matthews, 13 B. T. A. 1133, or independent contractors. We must, therefore, approve the determination of the respondent.

¶4Decision will be entered for the respondent.

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