Legal Opinion

Becher v. Commissioner

Court of Appeals for the Second Circuit

Decided March 31, 1955No. Nos. 202, 203, 204, Dockets 23332, 23333, 23334PublishedCited by 16 opinions

1Opinion of the Court

FRANK, Circuit Judge.

Taxpayers appeal from a decision of the Tax Court of the United States, 22 T.C. 932, holding that cash distributions received by them were taxable as ordinary income, pursuant to I.R.C. § 115 (g), 26 U.S.C.A. § 115(g). Petitioners had all owned stock in the Sponge-Aire Seat Co., Inc., which had been in the sponge rubber and canvas-product manufacturing business, particularly active during the war. After the war, it was decided to enter into the manufacture of upholstered furniture, and Chandler Industries, Inc., was formed. Sponge-Aire was left with just enough assets to…

2Cases cited2 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Becher v. CommissionerUnited States Tax Court · 1954

3Cited by16 opinions

  1. Pridemark, Inc. v. CommissionerUnited States Tax Court · 1964
  2. Commissioner of Internal Revenue v. Walter L. And Helen MorganCourt of Appeals for the Third Circuit · 1961
  3. Wilson v. CommissionerUnited States Tax Court · 1966
  4. Pebble Springs Distilling Co. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1956
  5. Atlas Tool Co., Inc. v. Commissioner of Internal Revenue, (Tax Court Docket No. 7633-74). Atlas Tool Co., Inc., Successor to Fletcher Plastics, Inc. v. Commissioner of Internal Revenue, (Tax Court Docket No. 7634-74). Stephan Schaffan and Mildred Schaffan v. Commissioner of Internal Revenue, (Tax Court Docket No. 7635-74). Appeal of Atlas Tool Co., Inc., Atlas Tool Co., Inc., Successor to Fletcher Plastics, Inc., Stephan Schaffan and Mildred Schaffan, Atlas Tool Co., Inc. v. Commissioner of Internal Revenue, (Tax Court Docket No. 7633-74). Atlas Tool Co., Inc., Successor to Fletcher Plastics, Inc. v. Commissioner of Internal Revenue, (Tax Court Docket No. 7634-74). Stephan Schaffan and Mildred Schaffan v. Commissioner of Internal Revenue, (Tax Court Docket No. 7635-74). Appeal of Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1980

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