Legal Opinion

Astoria Marine Constr. Co. v. Commissioner

United States Tax Court

Decided May 20, 1949No. Docket No. 11392Published

A corporation, financially distressed, paid a creditor $ 500 in full settlement of notes for $ 26,000. The creditor accepted the settlement only because an investigation had convinced him that he could collect no more. (1) The difference of $ 25,500, held, not excludable from gross income as a gift under section 22 (b) (3), Internal Revenue Code.

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A corporation, financially distressed, paid a creditor $ 500 in full settlement of notes for $ 26,000. The creditor accepted the settlement only because an investigation had convinced him that he could collect no more. (1) The difference of $ 25,500, held, not excludable from gross income as a gift under section 22 (b) (3), Internal Revenue Code. Commissioner v. Jacobson, 336 U.S. 28. (2) On the evidence, held, that the corporation was insolvent before and after the compromise settlement, and hence no taxable income resulted from it. Dallas Transfer & Terminal Warehouse Co. v. Commissioner,…

1Opinion of the Court

Astoria Marine Construction Co., Petitioner, v. Commissioner of Internal Revenue, Respondent

Astoria Marine Constr. Co. v. Commissioner

Docket No. 11392

United States Tax Court

12 T.C. 798; 1949 U.S. Tax Ct. LEXIS 195;

May 20, 1949, Promulgated

Decision will be entered under Rule 50.

A corporation, financially distressed, paid a creditor $ 500 in full settlement of notes for $ 26,000. The creditor accepted the settlement only because an investigation had convinced him that he could collect no more.(1) The difference of $ 25,500, held, not excludable from gross income as a gift under section 22 (b)…

2Cases cited5 opinions

  1. United States v. Kirby Lumber CoSupreme Court of the United States · 1931
  2. Commissioner v. JacobsonSupreme Court of the United States · 1949
  3. Helvering v. American Chicle Co.Supreme Court of the United States · 1934
  4. Astoria Marine Construction Co. v. CommissionerUnited States Tax Court · 1949
  5. Astoria Marine Constr. Co. v. CommissionerUnited States Tax Court · 1949

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