Legal Opinion

Gilbert v. Commissioner

United States Tax Court

Decided April 15, 1980No. Docket No. 8774-78Published

Petitioner husband was the sole shareholder of corporation A and a 50-percent stockholder of B. A borrowed $ 20,000 and transferred that sum to B to enable B to redeem the remaining 50 percent of B's shares owned by petitioner husband's brother. Held, the transfer did not constitute a loan from A to B. Held, further, the transfer constituted a constructive dividend from A to petitioner husband.

1Opinion of the Court

Gilbert L. Gilbert and Flossie Gilbert, Petitioners v. Commissioner of Internal Revenue, Respondent

Gilbert v. Commissioner

Docket No. 8774-78

United States Tax Court

74 T.C. 60; 1980 U.S. Tax Ct. LEXIS 150;

April 15, 1980, Filed

Decision will be entered for the respondent.

Petitioner husband was the sole shareholder of corporation A and a 50-percent stockholder of B. A borrowed $ 20,000 and transferred that sum to B to enable B to redeem the remaining 50 percent of B's shares owned by petitioner husband's brother. Held, the transfer did not constitute a loan from A to B. Held, further, the transfer…

2Cases cited24 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Jasionowski v. CommissionerUnited States Tax Court · 1976
  3. Rushing v. CommissionerUnited States Tax Court · 1969
  4. W. B. Rushing v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1971
  5. Alterman Foods, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1975

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