Legal Opinion

Richmond, F. & P. R. Co. v. Commissioner

United States Tax Court

Decided May 14, 1974No. Docket No. 1024-70PublishedCited by 9 opinions

1. During the year 1929, petitioner had outstanding the same issues of 6-percent and 7-percent "guaranteed stock" as are involved in the instant case. In that year, petitioner paid "guaranteed dividends" at the specified rate to the holders of its guaranteed stock and also paid its guaranteed stockholders an "excess dividend" to equalize with the dividends paid its common stockholders.

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1. During the year 1929, petitioner had outstanding the same issues of 6-percent and 7-percent "guaranteed stock" as are involved in the instant case. In that year, petitioner paid "guaranteed dividends" at the specified rate to the holders of its guaranteed stock and also paid its guaranteed stockholders an "excess dividend" to equalize with the dividends paid its common stockholders. Petitioner claimed all of such payments as deductible interest on its 1929 tax return which respondent disallowed in full. The Board of Tax Appeals, in Richmond, Fredericksburg & Potomac Railroad Co., 33 B.T.A.…

1Opinion of the Court

TaNNenwald, Judge:

Respondent determined deficiencies in Federal income taxes against the petitioner for the taxable years 1962, 1963, and 1964 in the following amounts:

Year Deficiency

1962 -$35,398

1963 - 633

1964 - 70,897

Also for determination are the overpayments in income tax cla by the petitioner as follows:

Year Overpayment

1962 -.-$185,975

1963 -1- 34,785

1964 -1-•_ 163,289

On December 17,1971, the Revenue Act of 1971 was passed by the Congress amending the Internal Revenue Code. The Act provided, in part, an additional investment credit for railroads and bad retroactive effect. Based upon the…

2Cases cited23 opinions

  1. Commissioner v. SunnenSupreme Court of the United States · 1948
  2. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  3. Bankers Mortgage Company v. United StatesCourt of Appeals for the Fifth Circuit · 1970
  4. The Evergreens v. NunanCourt of Appeals for the Second Circuit · 1944
  5. United States v. Consolidated Edison Co. of NYSupreme Court of the United States · 1961

18 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Considine v. CommissionerUnited States Tax Court · 1977
  2. Frederick Weisman Co. v. CommissionerUnited States Tax Court · 1991
  3. Dietzsch v. CommissionerUnited States Tax Court · 1976
  4. CHRYSLER CORP. v. COMMISSIONERUnited States Tax Court · 2001
  5. Considine v. CommissionerUnited States Tax Court · 1977

4 more not listed; retrieve them via the Exa API.

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