Legal Opinion

General Plastics, Inc. v. Commissioner

United States Tax Court

Decided September 9, 1943No. Docket No. 111209Unpublished

Taxpayer, being indebted to a bank in the sum of $400,000, repaid this amount by delivering its check to the bank, but on the same day it borrowed $500,000 from the same bank. Held, the transaction was in effect a renewal and increase of the debt rather than a payment of indebtedness within the meaning of section 27(a)(4) of the Internal Revenue Code.

1Opinion of the Court

General Plastics, Inc., Durez Plastics & Chemicals, Inc., Successor v. Commissioner.

General Plastics, Inc. v. Commissioner

Docket No. 111209.

United States Tax Court

1943 Tax Ct. Memo LEXIS 122; 2 T.C.M. (CCH) 767; T.C.M. (RIA) 43417;

September 9, 1943

Taxpayer, being indebted to a bank in the sum of $400,000, repaid this amount by delivering its check to the bank, but on the same day it borrowed $500,000 from the same bank. Held, the transaction was in effect a renewal and increase of the debt rather than a payment of indebtedness within the meaning of section 27(a)(4) of the Internal Revenue…

2Cases cited2 opinions

  1. City of Poughkeepsie v. . QuintardNew York Court of Appeals · 1892
  2. Sun Pipe Line Co. v. CommissionerUnited States Board of Tax Appeals · 1940

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