Legal Opinion

Barbourville Brick Co. v. Commissioner

United States Tax Court

Decided October 9, 1961No. Docket No. 79558Published

Payment by petitioner corporation to its majority stockholder, the widow of its deceased president, pursuant to corporate resolution adopted after his death, held, on the facts, to be a dividend not deductible by petitioner.

1Opinion of the Court

The Barbourville Brick Company, Petitioner, v. Commissioner of Internal Revenue, Respondent

Barbourville Brick Co. v. Commissioner

Docket No. 79558

United States Tax Court

37 T.C. 7; 1961 U.S. Tax Ct. LEXIS 59;

October 9, 1961, Filed

Decision will be entered for the respondent.

Payment by petitioner corporation to its majority stockholder, the widow of its deceased president, pursuant to corporate resolution adopted after his death, held, on the facts, to be a dividend not deductible by petitioner.

D. Paul Alagia, Jr., Esq ., for the petitioner.

Bart A. Brown, Jr., Esq., for the respondent.

Opper,…

Also in this document: Concurrence.

2Cases cited22 opinions

  1. Lucas v. Ox Fibre Brush Co.Supreme Court of the United States · 1930
  2. Helvering v. WoodSupreme Court of the United States · 1940
  3. Paramount-Richards Theatres, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1946
  4. United Mercantile Agencies, Inc. v. CommissionerUnited States Tax Court · 1955
  5. Ruth T. Lengsfield, Coralie Mayer Lengsfield and Blanche L. Brown v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1957

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