Legal Opinion

Bennett v. Commissioner

United States Tax Court

Decided May 30, 1972No. Docket No. 6790-70Published

Held, an integrated transaction whereby the stock interest of a majority shareholder in a closely held corporation was terminated did not result in a distribution essentially equivalent to a dividend to the minority shareholder within the meaning of sec. 302(b)(1), I.R.C. 1954.

1Opinion of the Court

Richard B. Bennett and Luanne Bennett, Petitioners v. Commissioner of Internal Revenue, Respondent

Bennett v. Commissioner

Docket No. 6790-70

United States Tax Court

58 T.C. 381; 1972 U.S. Tax Ct. LEXIS 113;

May 30, 1972, Filed

Decision will be entered for the petitioners.

Held, an integrated transaction whereby the stock interest of a majority shareholder in a closely held corporation was terminated did not result in a distribution essentially equivalent to a dividend to the minority shareholder within the meaning of sec. 302(b)(1), I.R.C. 1954.

James P. Brody, Benjamin F. Garmer III, and Joseph R.…

2Cases cited27 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Enoch v. CommissionerUnited States Tax Court · 1972
  3. Wall v. United StatesCourt of Appeals for the Fourth Circuit · 1947
  4. United States v. DavisSupreme Court of the United States · 1970
  5. Joseph R. Holsey and Eleanor T. Holsey v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1958

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