Legal Opinion

Henry Mill & Timber Co. v. Commissioner

United States Board of Tax Appeals

Decided March 20, 1941No. Docket No. 98294Published

SURTAX ON UNDISTRIBUTED PROFITS - CONTRACTS RESTRICTING DIVIDENDS. - In December 1935, petitioner negotiated a mortgage loan from a bank in the amount of $85,000. Neither the mortgage nor note contained any provision restricting the payment of dividends or disposition of earnings by petitioner during the taxable year 1936, but did require the payment of $6,000 on principal at August 1, 1936, which amount was in excess of petitioner's adjusted net income for computation of…

Read the full summary

SURTAX ON UNDISTRIBUTED PROFITS - CONTRACTS RESTRICTING DIVIDENDS. - In December 1935, petitioner negotiated a mortgage loan from a bank in the amount of $85,000. Neither the mortgage nor note contained any provision restricting the payment of dividends or disposition of earnings by petitioner during the taxable year 1936, but did require the payment of $6,000 on principal at August 1, 1936, which amount was in excess of petitioner's adjusted net income for computation of surtax. On December 12, 1935, petitioner's stockholders held a meeting at which it was agreed that the mortgage money…

1Opinion of the Court

HENRY MILL & TIMBER COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Henry Mill & Timber Co. v. Commissioner

Docket No. 98294.

United States Board of Tax Appeals

43 B.T.A. 1073; 1941 BTA LEXIS 1417;

March 20, 1941, Promulgated

SURTAX ON UNDISTRIBUTED PROFITS - CONTRACTS RESTRICTING DIVIDENDS. - In December 1935, petitioner negotiated a mortgage loan from a bank in the amount of $85,000. Neither the mortgage nor note contained any provision restricting the payment of dividends or disposition of earnings by petitioner during the taxable year 1936, but did require the payment of…

2Cases cited1 opinion

  1. Henry Mill & Timber Co. v. CommissionerUnited States Board of Tax Appeals · 1941

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API