United States v. Drescher

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United States v. Drescher
Seal of the United States Court of Appeals for the Second Circuit.svg
Court United States Court of Appeals for the Second Circuit
Full case nameUnited States v. Drescher
ArguedJanuary 5, 1950
DecidedFebruary 16, 1950
Citation(s)179 F.2d 863; 50-1 USTC (CCH) ¶ 9186
Case history
Prior history84 F. Supp. 228 (W.D.N.Y. 1949)
Court membership
Judge(s) sitting Learned Hand, Thomas Walter Swan, Charles Edward Clark
Case opinions
MajoritySwan, joined by Hand
Concur/dissentClark
Laws applied
Internal Revenue Code

United States v. Drescher, 179 F.2d 863 (2nd Cir. 1950) [1] was a United States income tax case before the Second Circuit. The Court held as follows:

Contents

  • The annuities in question were nonassignable, and possession was retained by the employer until taxpayer reached age of retirement; and the employee's compensation was not reduced during these years, nor did he have election to receive in cash the amount paid.

Facts

A corporation, anticipating its executive's retirement, purchases an "endowment policy," entitling him (the policy-holder) to a lump-sum-certain when he retires in 15 years.

Held

The executive must include the premium immediately, as his "basis" for his new policy.

Academic commentary

The stakes for the government are as follows: [2]

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References

  1. United States v. Drescher, 179F.2d863 (2d. Cir.1950).
  2. Chirelstein, Marvin (2005). Federal Income Taxation: A Law Student's Guide to the Leading Cases and Concepts (Tenth ed.). New York, NY: Foundation Press. pp. 16–17. ISBN   1-58778-894-2.

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