Legal Opinion
Benjamin D. And Madeline Prentice Gilbert, on Review v. Commissioner of Internal Revenue, on Review
Court of Appeals for the Second Circuit
Decided January 14, 1959No. 25246_1PublishedCited by 109 opinions
1Opinion of the Court
MOORE, Circuit Judge.
This is a petition for review of a decision of the Tax Court, entered January 23, 1958, which sustained the Commissioner’s determination of deficiency in the income tax of Benjamin D. and Madeline P. Gilbert for the calendar year 1948 in the amount of $48,518.65. The Tax Court’s decision was based on a finding that advances made by Benjamin to a corporation of which he was a stockholder were capital contributions and not loans for which a deduction could be taken under section 23 (k) of the Internal Revenue Code of 1939. The matter is before this court for the second…
2Cases cited10 opinions
- Gregory v. HelveringSupreme Court of the United States · 1935
- Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
- John Kelley Co. v. CommissionerSupreme Court of the United States · 1946
- Benjamin D. And Madeline Prentice Gilbert v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957
- Matthiessen v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1952
5 more not listed; retrieve them via the Exa API.
3Cited by109 opinions
- Fin Hay Realty Co. v. United StatesCourt of Appeals for the Third Circuit · 1968
- Jack Daniel Distillery, Lem Motlow, Prop., Inc. v. The United StatesUnited States Court of Claims · 1967
- Robert Demartino, Appellant-Cross-Appellee v. Commissioner of Internal Revenue, Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1988
- Rollins v. CommissionerUnited States Tax Court · 1959
- American Processing and Sales Company v. The United StatesUnited States Court of Claims · 1967
104 more not listed; retrieve them via the Exa API.