Legal Opinion

Reddy v. Commissioner

United States Tax Court

Decided May 24, 1976No. Docket No. 469-74Published

Petitioners conditioned their preincorporation subscriptions for stock on the prospective corporation's adoption of a plan meeting the requirements of sec. 1244. Held: The stock subscribed for did not issue until the plan was adopted. Accordingly, petitioners are entitled to ordinary loss treatment under sec. 1244 when the stock became worthless during the year in issue.

1Opinion of the Court

John J. and Margaret C. Reddy, Petitioners v. Commissioner of Internal Revenue, Respondent

Reddy v. Commissioner

Docket No. 469-74

United States Tax Court

66 T.C. 335; 1976 U.S. Tax Ct. LEXIS 102;

May 24, 1976, Filed

Decision will be entered for the petitioners.

Petitioners conditioned their preincorporation subscriptions for stock on the prospective corporation's adoption of a plan meeting the requirements of sec. 1244. Held: The stock subscribed for did not issue until the plan was adopted. Accordingly, petitioners are entitled to ordinary loss treatment under sec. 1244 when the stock became…

2Cases cited3 opinions

  1. Morgan v. CommissionerUnited States Tax Court · 1966
  2. Hayden v. CommissionerUnited States Tax Court · 1969
  3. Reddy v. CommissionerUnited States Tax Court · 1976

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