Legal Opinion

Mead Corp. v. Commissioner

United States Board of Tax Appeals

Decided September 30, 1938No. Docket No. 77819Published

Where petitioner corporation was wholly owned by another corporation, all of whose stock was owned by members of the same family, held, on the evidence that petitioner was formed and availed of for the purpose of preventing the imposition of the surtax upon the members of the family, who are "its shareholders" within the meaning of section 104, Revenue Act of 1928, and is therefore subject to the 50 percent tax imposed by that section.

1Opinion of the Court

MEAD CORPORATION, A DELAWARE CORPORATION, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Mead Corp. v. Commissioner

Docket No. 77819.

United States Board of Tax Appeals

38 B.T.A. 687; 1938 BTA LEXIS 836;

September 30, 1938, Promulgated

Where petitioner corporation was wholly owned by another corporation, all of whose stock was owned by members of the same family, held, on the evidence that petitioner was formed and availed of for the purpose of preventing the imposition of the surtax upon the members of the family, who are "its shareholders" within the meaning of section 104, Revenue…

2Cases cited45 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Caminetti v. United StatesSupreme Court of the United States · 1917
  3. Eisner v. MacOmberSupreme Court of the United States · 1920
  4. Helvering v. MitchellSupreme Court of the United States · 1938
  5. Helvering v. Stockholms Enskilda BankSupreme Court of the United States · 1934

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