Legal Opinion
Amelia H. Cohen Trust v. Commissioner of Int. Rev.
Court of Appeals for the Third Circuit
Decided June 26, 1941No. 7664PublishedCited by 18 opinions
1Opinion of the Court
JONES, Circuit Judge.
The question here is whether the acquisition of petitioner’s stock by the corporation which issued it was a distribution in partial liquidation of the corporation or the purchase of a capital asset of the petitioner. The answer to that question will determine whether the petitioner is taxable under Section 115(c) and (i) of the Revenue Act of 1936 1 on one hundred per cent, of the gain realized or under Section 117(a) 2 of the same Revenue Act on the basis of a fixed proportion of the gain.
In 1936, the petitioning trust was and, for more than ten years immediately…
2Cases cited9 opinions
- D. Ginsberg & Sons, Inc. v. PopkinSupreme Court of the United States · 1932
- Hellmich v. HellmanSupreme Court of the United States · 1928
- Missouri v. RossSupreme Court of the United States · 1936
- Borg v. International Silver Co.Court of Appeals for the Second Circuit · 1925
- Britt v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1940
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Boyle v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1951
- Kirschenbaum v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1946
- United States v. BronsonCourt of Appeals for the Second Circuit · 1944
- Alpers v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1942
- Putnam v. United StatesCourt of Appeals for the First Circuit · 1945
13 more not listed; retrieve them via the Exa API.