Legal Opinion

Estate of Allison v. Commissioner

United States Tax Court

Decided November 1, 1971No. Docket No. 5709-69PublishedCited by 10 opinions

Decedent received interest-bearing notes for the major portion of substantial advances made to an electing small business corporation of which he was a shareholder. Held, even if such advances are considered contributions to capital, rather than bona fide indebtedness, such advances and notes do not constitute a second class of stock under sec. 1371(a) (4), I.R.C. 1954.

1Opinion of the Court

TanneNWaud, Judge:

Respondent determined deficiencies in. the decedent’s income tax for 1963,1964, and 1966 as follows:

Year ending Deficiency determined

December 31, 1963_$49, 982. 52

December 31, 1964_ 32,145. 00

November 23,1966_ 11, 695. 59

In view of petitioners’ concessions, the only issue remaining for decision is whether advances by decedent to a certain corporation, in which the decedent was also a shareholder, created a second class of stock so as to make the corporation ineligible to be treated as a sub-chapter S corporation (sec. 1371 et seq.) ,1

FINDINGS OP PACT

Some of the facts 'have…

2Cases cited10 opinions

  1. Commissioner of Internal Revenue v. OPP Holding Corp.Court of Appeals for the Second Circuit · 1935
  2. Raynor v. CommissionerUnited States Tax Court · 1968
  3. Jewel Tea Co. v. United StatesCourt of Appeals for the Second Circuit · 1937
  4. Gamman v. CommissionerUnited States Tax Court · 1966
  5. Stinnett v. CommissionerUnited States Tax Court · 1970

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

3Cited by10 opinions

  1. Brutsche v. CommissionerUnited States Tax Court · 1976
  2. Portage Plastics Company, Inc. v. United StatesCourt of Appeals for the Seventh Circuit · 1972
  3. Brutsche v. CommissionerUnited States Tax Court · 1976
  4. Estate of Allison v. CommissionerUnited States Tax Court · 1971
  5. Estate of Leavitt v. CommissionerUnited States Tax Court · 1988

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

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