Legal Opinion

Smyers v. Commissioner

United States Tax Court

Decided November 8, 1971No. Docket Nos. 4557-69, 4558-69, 4559-69PublishedCited by 30 opinions

The petitioners' controlled corporation issued $ 55,000 of purported "sec. 1244 stock" for cash. The corporation then used $ 20,000 of the issue price to repay the petitioners for advances they had previously made to the corporation.

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The petitioners' controlled corporation issued $ 55,000 of purported "sec. 1244 stock" for cash. The corporation then used $ 20,000 of the issue price to repay the petitioners for advances they had previously made to the corporation. The corporation used the remaining $ 35,000 of the issue price to repay an outstanding bank loan which had been guaranteed by the petitioners. 1. Held, that the petitioners are not entitled to an ordinary-loss deduction on the exchange of purported sec. 1244 stock which did not qualify as such when issued to a partnership in consideration for an already existing…

1Opinion of the Court

Fat, Judge:

The respondent determined deficiencies in tbe Federal income taxes of tbe petitioners as follows:

Docket No. Year Deficiency

4557-69. 1964 $1,- 299. 09 1965 5, 874. 86

4558-69. 1964 1, 325. 18 1965 6, 032. 94

4559-69. 1964 4, 210. 55 1965 12, 239. 53

After certain concessions by each party, tbe following questions remain for our consideration: (1) Whether advances in tbe form of loans made 'by tbe petitioners were capital contributions to a corporation; (2) whether bank loans made to a corporation and guaranteed by tbe petitioners were in fact capital contributions from tbe petitioners…

2Cases cited22 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Whipple v. CommissionerSupreme Court of the United States · 1963
  3. McWilliams v. CommissionerSupreme Court of the United States · 1947
  4. John v. Rowan v. United StatesCourt of Appeals for the Fifth Circuit · 1955
  5. Nassau Lens Co., Inc. v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Harry Pildes and Sarah PildesCourt of Appeals for the Second Circuit · 1962

17 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Estate of Leavitt v. CommissionerUnited States Tax Court · 1988
  2. Blum v. CommissionerUnited States Tax Court · 1972
  3. Casco Bank & Trust Co. v. United StatesCourt of Appeals for the First Circuit · 1976
  4. Benak v. CommissionerUnited States Tax Court · 1981
  5. Alfred O. And Margaret A. Bates v. The United States of AmericaCourt of Appeals for the Sixth Circuit · 1978

25 more not listed; retrieve them via the Exa API.

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