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Danny Kaye and Sylvia Kaye v. Commissioner of Internal Revenue, Cy Howard v. Commissioner of Internal Revenue

Danny KAYE and Sylvia Kaye, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent; Cy HOWARD, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Danny Kaye & Sylvia Kaye v. Comm'r of Internal Revenue, Cy Howard v. Comm'r of Internal Revenue, 287 F.2d 40 (9th Cir. 1961)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
February 15, 1961
Docket
No. 16957
Judges
Pope, Jertberg, Koelsch
Citations
287 F.2d 407 A.F.T.R.2d (RIA) 6761961 U.S. App. LEXIS 5323

Opinion — Per Curiam

PER CURIAM.

The Tax Court of the United States sustained the disallowance by the Commissioner of Internal Revenue of amounts paid by each petitioner, claimed by them to represent payments of interest on indebtedness and hence deductible within the meaning of Section 23 of the Internal Revenue Code of 1939, 1

in the computation of each petitioner’s net income for the calendar year 1952. The decision of the Tax Court is reported at 33 T.C. 511 .

We believe that the cases here involved are controlled by the teachings in Knetsch v. United States, 364 U.S. 361 , 81 S.Ct. 132 , 5 L.Ed.2d 128 , decided November 14, 1960. In Knetsch the Supreme Court examined the transaction between Knetsch and the insurance company in order to determine whether it created an “indebtedness” within the meaning of Section 23(b), or whether, as the trial court found, it was a sham. Following such examination the Supreme Court stated at page 366 of 364 U.S., at page 135 of 81 S.Ct., “For it is patent that there was nothing of substance to be realized by Knetsch from this trans *41 action beyond a tax deduction.” On the whole record before us in these cases, it is likewise patent to us that from the transactions between the petitioners and the brokerage firm with which they dealt that there was nothing of substance to be realized by petitioners beyond tax deductions. Accordingly the decision of the Tax Court is affirmed.

1

. Internal Revenue Code of 1939:

“Sec. 23. Deductions from Gross Income.

“In computing net income there shall be allowed as deductions:

♦ * * * * “(b) Interest. — All interest paid or accrued within the taxable year on indebtedness. * *26 U.S.C. 1952 ed., § 23.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 23 cases

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1961: 11962: 31963: 51964: 41965: 21968: 11969: 11970: 31973: 319612026peak 1963 · 5

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Knetsch v. United States, 364 U.S. 361 (1960) 642
Kaye v. Comm'r, 33 T.C. 511 (Tax Ct. 1959) 18

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