Legal Opinion · Dissent

United States v. Snyder Brothers Company

Court of Appeals for the Fifth Circuit

Decided September 27, 1966No. 22111_1Published

1DissentGewin, Circuit Judge

The majority opinion is anchored to two premises which I conceive to be misconceptions of the law, and therefore I respectfully dissent.

The misconceptions mentioned are expressed in the following language:(a) “The difficulty here is that this is not simply a case of an attempt to create a.debt relationship between the sole stockholders and their corporation, nor is it simply a case of a debenture being subordinated to other creditors. It is both of these things.”(b) “It is plain, as the government points out, that the holders of the ‘debentures’ are practically helpless if the Snyder Bros.…

2Cases cited9 opinions

  1. John Kelley Co. v. CommissionerSupreme Court of the United States · 1946
  2. John v. Rowan v. United StatesCourt of Appeals for the Fifth Circuit · 1955
  3. Kraft Foods Company v. Commissioner of Internal Revenue, (Two Cases)Court of Appeals for the Second Circuit · 1956
  4. Warren v. KingSupreme Court of the United States · 1883
  5. Commissioner of Internal Revenue v. OPP Holding Corp.Court of Appeals for the Second Circuit · 1935

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