¶1dissenting: The petitioner retained the right to collect and receive the dividends pending the payment of his notes. The dividends were actually used to pay the petitioner’s notes. There fore, the dividends were income to. him.
27 B.T.A. 565
Gerlach v. Commissioner
United States Board of Tax Appeals
Decided January 31, 1933
United States Board of Tax Appeals · decided 1933-01-31
Petitioner purchased stock, paying part in cash and giving his notes for the balance, the stock being deposited under a contract with a trustee as collateral security for… Held: that the wife, having assumed, as between herself and petitioner, the payment of the unpaid purchase price of the stock in the amount of the dividends paid thereon in the taxable years, which she collected and applied in accordance therewith, these dividends were income to her and not to petitioner.
Cited by 1 later decisions — most recently August 1940
Good law ✅— No negative treatment on recordhow we know
Decided 1933-01-31
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