Legal Opinion

Crawford Drug Stores, Inc. v. United States

Court of Appeals for the Tenth Circuit

Decided March 15, 1955No. 4975_1PublishedCited by 28 opinions

1Opinion of the Court

BRATTON, Circuit Judge.

The question presented for determination is whether certain sums paid by Crawford Drug Stores, Inc., constituted payment of dividends within the purview of section 115(a) of the Internal Revenue Code, 26 U.S.C.A. § 115(a), or payment of interest within the meaning of section 23(b) of such Code, 26 U.S.C.A. § 23(b). If the former, they were not deductible in computing net income. If the latter, they were deductible.

Crawford Drug Stores, Inc., is a corporation organized under the laws of Oklahoma. Prior to July 7, 1945, it had issued and outstanding 500 shares of common…

2Cases cited10 opinions

  1. John Kelley Co. v. CommissionerSupreme Court of the United States · 1946
  2. Commissioner of Int. Rev. v. Meridian & Thirteenth R. Co.Court of Appeals for the Seventh Circuit · 1942
  3. Commissioner of Internal Revenue v. OPP Holding Corp.Court of Appeals for the Second Circuit · 1935
  4. Jewel Tea Co. v. United StatesCourt of Appeals for the Second Circuit · 1937
  5. John Wanamaker Philadelphia v. Com'r of Int. RevenueCourt of Appeals for the Third Circuit · 1943

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3Cited by28 opinions

  1. Curry v. CommissionerUnited States Tax Court · 1965
  2. Perry Capital LLC v. LewDistrict Court, District of Columbia · 2014
  3. McSorley's, Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 1963
  4. Miele v. CommissionerUnited States Tax Court · 1971
  5. Liflans Corporation v. The United StatesUnited States Court of Claims · 1968

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