A.M. And Antoinette B. Jacob v. Charles A. Donnelly, Formerly Collector of Internal Revenue at New Orleans

Fifth Circuit

A.M. And Antoinette B. Jacob v. Charles A. Donnelly, Formerly Collector of Internal Revenue at New Orleans

374 F.2d 503, 19 A.F.T.R.2d (RIA) 1075, 1967 U.S. App. LEXIS 7052

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 20, 1967

Docket22660_1

StatusPublished

This text of 374 F.2d 503 (A.M. And Antoinette B. Jacob v. Charles A. Donnelly, Formerly Collector of Internal Revenue at New Orleans) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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A.M. And Antoinette B. Jacob v. Charles A. Donnelly, Formerly Collector of Internal Revenue at New Orleans, 374 F.2d 503, 19 A.F.T.R.2d (RIA) 1075, 1967 U.S. App. LEXIS 7052 (5th Cir. 1967).

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Opinion

PER CURIAM:

Taxpayer contends that a distribution received by him January 1, 1950, from an employees’ pension trust fund should be taxed at long term capital gains rates. To succeed in this contention, taxpayer has the burden to establish that the distribution was paid “on account of the employee’s separation from the service” of his employer. Section 165 (b), Internal Revenue Code of 1939, 26 U.S.C. Sec. 165(b) (1952 ed.). The district court sitting without a jury found as a fact that the distribution was paid by reason of a ruling by the Commissioner that the pension plan no longer qualified for exemption and not by reason of the employee’s separation from the service ; accordingly, taxpayer’s claim for refund was denied. 218 F.Supp. 845 (E.D. La.1963). After a careful review of the record, we are convinced such a finding is not clearly erroneous. Fed.R.Civ.P. 52(a). The judgment is affirmed.

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PER CURIAM:

Taxpayer contends that a distribution received by him January 1, 1950, from an employees’ pension trust fund should be taxed at long term capital gains rates. To succeed in this contention, taxpayer has the burden to establish that the distribution was paid “on account of the employee’s separation from the service” of his employer. Section 165 (b), Internal Revenue Code of 1939, 26 U.S.C. Sec. 165(b) (1952 ed.). The district court sitting without a jury found as a fact that the distribution was paid by reason of a ruling by the Commissioner that the pension plan no longer qualified for exemption and not by reason of the employee’s separation from the service ; accordingly, taxpayer’s claim for refund was denied. 218 F.Supp. 845 (E.D. La.1963). After a careful review of the record, we are convinced such a finding is not clearly erroneous. Fed.R.Civ.P. 52(a). The judgment is affirmed.

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374 F.2d 503, 19 A.F.T.R.2d (RIA) 1075, 1967 U.S. App. LEXIS 7052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/am-and-antoinette-b-jacob-v-charles-a-donnelly-formerly-collector-of-ca5-1967.

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