Legal Opinion

Braddock Land Co. v. Commissioner

United States Tax Court

Decided December 3, 1980No. Docket Nos. 3812-77, 3813-77, 3814-77Published

After adopting a plan of complete liquidation under sec. 337, I.R.C. 1954, two of the petitioners, both shareholder-employees, purportedly "forgave" accrued salaries, bonuses, and interest owed to them by their corporation. Held, the "forgiveness" is disregarded as it lacks economic reality and is a sham. Held, further: Amounts paid to petitioners during the process of liquidation constitute ordinary income to the extent of the salaries, bonuses, and interest due them.

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After adopting a plan of complete liquidation under sec. 337, I.R.C. 1954, two of the petitioners, both shareholder-employees, purportedly "forgave" accrued salaries, bonuses, and interest owed to them by their corporation. Held, the "forgiveness" is disregarded as it lacks economic reality and is a sham. Held, further: Amounts paid to petitioners during the process of liquidation constitute ordinary income to the extent of the salaries, bonuses, and interest due them. Only the excess received is a distribution in complete liquidation under sec. 331(a).

1Opinion of the Court

Braddock Land Company, Inc., et al., 1 Petitioners v. Commissioner of Internal Revenue, Respondent

Braddock Land Co. v. Commissioner

Docket Nos. 3812-77, 3813-77, 3814-77

United States Tax Court

75 T.C. 324; 1980 U.S. Tax Ct. LEXIS 21;

December 3, 1980, Filed

Decision will be entered for the petitioner in docket No. 3812-77.

Decisions will be entered for the respondent in docket Nos. 3813-77 and 3814-77.

After adopting a plan of complete liquidation under sec. 337, I.R.C. 1954, two of the petitioners, both shareholder-employees, purportedly "forgave" accrued salaries, bonuses, and interest owed to…

2Cases cited25 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Higgins v. SmithSupreme Court of the United States · 1940
  3. Knetsch v. United StatesSupreme Court of the United States · 1960
  4. United States v. IshamSupreme Court of the United States · 1873
  5. Superior Oil Co. v. Mississippi Ex Rel. KnoxSupreme Court of the United States · 1930

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