Harder Services, Inc. v. Commissioner
United States Tax Court
Harder Tree in 1964 agreed to acquire by merger Cardinal Maintenance, which was then owned by Rogers. As a result of the merger, Rogers received 11 percent of the outstanding stock of Harder Tree and entered into an employment agreement providing, inter alia, that if his employment were to be terminated by Harder Tree, Rogers could require the company to repurchase his Harder Tree stock.
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Harder Tree in 1964 agreed to acquire by merger Cardinal Maintenance, which was then owned by Rogers. As a result of the merger, Rogers received 11 percent of the outstanding stock of Harder Tree and entered into an employment agreement providing, inter alia, that if his employment were to be terminated by Harder Tree, Rogers could require the company to repurchase his Harder Tree stock. The price for such a repurchase was to be determined by a formula based upon gross sales. The business of Cardinal Maintenance was not profitable following its acquisition by Harder Tree. In 1967 Rogers'…
1Opinion of the Court
Harder Services, Inc. (Formerly: Harder Extermination Service, Inc.), Petitioner v. Commissioner of Internal Revenue, Respondent
Harder Services, Inc. v. Commissioner
Docket No. 1867-74
United States Tax Court
67 T.C. 585; 1976 U.S. Tax Ct. LEXIS 2;
December 27, 1976, Filed
Decision will be entered for the respondent.
Harder Tree in 1964 agreed to acquire by merger Cardinal Maintenance, which was then owned by Rogers. As a result of the merger, Rogers received 11 percent of the outstanding stock of Harder Tree and entered into an employment agreement providing, inter alia, that if his employment…
2Cases cited21 opinions
- United States v. GilmoreSupreme Court of the United States · 1963
- United States v. Philip K. Smith, United States of America v. McIver & Smith Fabricators, Inc.Court of Appeals for the Fifth Circuit · 1969
- American Equitable Assur. Co. of New York v. HelveringCourt of Appeals for the Second Circuit · 1933
- Yagoda v. CommissionerUnited States Tax Court · 1962
- Bos Lines, Inc., Transferee v. Commissioner of Internal Revenue, Bos Lines, Inc., Transferee of the Transferee v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1965
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