Legal Opinion
Dow Chemical Co. v. Kavanagh
Court of Appeals for the Sixth Circuit
Decided November 30, 1943No. 9449PublishedCited by 12 opinions
1Opinion of the Court
SIMONS, Circuit Judge.
The determinative question upon this appeal from judgment in a trial to the court without a jury, is whether the purchase by the appellant corporation of shares of its own stock and their subsequent sale at a price exceeding their cost, was a taxable transaction under the Revenue Act of 1934 and § 22(a) 16 of Regulations 86 approved February 11, 1935. The appellant asserted it to have been a capital transaction and so non-taxable, but the court disagreed and dismissed its suit for refund.
At the beginning of its fiscal year, on June 1, 1933, the appellant owned 335 shares…
2Cases cited15 opinions
- Helvering v. R. J. Reynolds Tobacco Co.Supreme Court of the United States · 1939
- Helvering v. Wilshire Oil Co.Supreme Court of the United States · 1939
- Helvering v. ReynoldsSupreme Court of the United States · 1941
- Commissioner of Internal Revenue v. SA Woods MacH. Co.Court of Appeals for the First Circuit · 1932
- COMMISSION OF INT. REV. v. Air Reduction Co.Court of Appeals for the Second Circuit · 1942
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Commissioner v. Batten, Barton, Durstine & Osborn, Inc.Court of Appeals for the Second Circuit · 1948
- Commissioner of Internal Revenue v. Landers CorpCourt of Appeals for the Sixth Circuit · 1954
- Commissioner of Internal Revenue v. Rollins Burdick Hunter Co.Court of Appeals for the Seventh Circuit · 1949
- Commissioner of Internal Revenue v. H. W. Porter & Co., Inc.Court of Appeals for the Third Circuit · 1951
- Anderson, Clayton & Co. v. United StatesUnited States Court of Claims · 1954
7 more not listed; retrieve them via the Exa API.