Henry Vogt Mach. Co. v. United States

GRAHAM, Judge.

This ease involves the question whether a certain dividend declared by the plaintiff was a stock or cash dividend. If the for*990mer, it was not subject to tbe tax imposed; if tbe latter, it was. The Commissioner of Internal Revenue held it to be a cash dividend and assessed the plaintiff for taxes on that basis. The plaintiff is seeking a recovery of the amount so' assessed, upon the ground that the dividend was a stock dividend.

The contention grows out of the following resolution: “Resolved that this corporation do and it hereby does declare a cash dividend of one hundred per…