Legal Opinion

Blauvelt v. Commissioner

United States Tax Court

Decided September 21, 1944No. Docket Nos. 1023, 1024Published

Petitioners, purchasers of corporate stock after March 1, 1913, received in 1940 distributions from increase in value of property accrued before March 1, 1913. The distributions were not dividends, and were not in complete or partial liquidation of the corporation. Held, that the petitioners are not taxable upon the amounts by which the distributions exceeded their adjusted bases in the stock. Regulations 103, section 19.111-1, held to that extent invalid.

1Opinion of the Court

Ernest E. Blauvelt and Elizabeth A. Blauvelt, Petitioners, v. Commissioner of Internal Revenue, Respondent. Samuel S. Evans and Emily M. Evans, Petitioners, v. Commissioner of Internal Revenue, Respondent

Blauvelt v. Commissioner

Docket Nos. 1023, 1024

United States Tax Court

4 T.C. 10; 1944 U.S. Tax Ct. LEXIS 59;

September 21, 1944, Promulgated

Decision will be entered under Rule 50.

Petitioners, purchasers of corporate stock after March 1, 1913, received in 1940 distributions from increase in value of property accrued before March 1, 1913. The distributions were not dividends, and were not in…

2Cases cited7 opinions

  1. Helvering v. Stockholms Enskilda BankSupreme Court of the United States · 1934
  2. Burnet v. GuggenheimSupreme Court of the United States · 1933
  3. White v. United StatesSupreme Court of the United States · 1938
  4. Lynch v. HornbySupreme Court of the United States · 1918
  5. Hellmich v. HellmanSupreme Court of the United States · 1928

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