Legal Opinion
Schmitt v. Commissioner of Internal Revenue. Lehren v. Commissioner of Internal Revenue
Court of Appeals for the Third Circuit
Decided January 8, 1954No. 11148, 11149PublishedCited by 11 opinions
1Opinion of the Court
GOODRICH, Circuit Judge.
These cases involve the taxability of a stock dividend. Joseph P. Schmitt and James S. Lehren on December 31, 1946, owned, respectively, 168 shares and 199 shares in a corporation called the Wolverine Supply & Manufacturing Company. On that date a certificate for 892 shares in the name of Wolverine was held by the Citizens National Bank of Washington, Pennsylvania. The bank returned the certificate to Wolverine on April 21, 1947. As a result of this return there was left in the treasury of the company 1486 shares of its capital stock. Schmitt and Lehren owned all the…
2Cases cited4 opinions
- Eisner v. MacOmberSupreme Court of the United States · 1920
- Eisner, Internal Revenue Collector v. MacOmberSupreme Court of the United States · 1919
- Wiegand v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1952
- Schmitt v. CommissionerUnited States Tax Court · 1953
3Cited by11 opinions
- Joseph R. Holsey and Eleanor T. Holsey v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1958
- Commissioner v. MakranskyCourt of Appeals for the Third Circuit · 1963
- Priester v. CommissionerUnited States Tax Court · 1962
- Niederkrome v. CommissionerCourt of Appeals for the Ninth Circuit · 1958
- Commissioner of Internal Revenue, in No. 13,785 v. Robert Makransky, of the Estate of Harry Makransky, and Helen Makransky. Commissioner of Internal Revenue, in Nos. 13,786, 13,787 v. Emanuel Moss and Sylvia Moss. Commissioner of Internal Revenue, in Nos. 13,788, 13,789 v. Hilda B. Schneider. Trust Under Deed of Joseph Binenstock (Deceased), Girard Trust Corn Exchange Bank, Theodora B. Jacobs, Sylvia B. Moss, Hilda B. Schneider (Formerly Hilda B. Raines), Helen B. Makransky, John Tait and Albert Barnes Zink, Trustees, in Nos. 13,790, 13,791 v. Commissioner of Internal Revenue, Commissioner of Internal Revenue, in Nos. 13,792, 13,793 v. Allen C. Jacobs and Theodora B. JacobsCourt of Appeals for the Third Circuit · 1963
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