Boehringer v. Commissioner
United States Board of Tax Appeals
A corporation transferred to a new corporation all of its assets, except an amount of cash not in excess of earnings accumulated since February 28, 1913, subject to all liabilities, in exchange for all of the new company's stock, which it distributed to its stockholders, without surrender of their old shares. It was dissolved a few days later, and a month thereafter it distributed to its stockholders the cash retained and they surrendered their old stock certificates.
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A corporation transferred to a new corporation all of its assets, except an amount of cash not in excess of earnings accumulated since February 28, 1913, subject to all liabilities, in exchange for all of the new company's stock, which it distributed to its stockholders, without surrender of their old shares. It was dissolved a few days later, and a month thereafter it distributed to its stockholders the cash retained and they surrendered their old stock certificates. Held: (1) The transaction is not within sec. 112(c)(2), Revenue Act of 1928, because, while there was a reorganization, sec.…
1Opinion of the Court
RUDOLPH BOEHRINGER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Boehringer v. Commissioner
Docket No. 49891.
United States Board of Tax Appeals
29 B.T.A. 8; 1933 BTA LEXIS 1019;
September 6, 1933, Promulgated
A corporation transferred to a new corporation all of its assets, except an amount of cash not in excess of earnings accumulated since February 28, 1913, subject to all liabilities, in exchange for all of the new company's stock, which it distributed to its stockholders, without surrender of their old shares. It was dissolved a few days later, and a month thereafter it…
2Cases cited1 opinion
- Boehringer v. CommissionerUnited States Board of Tax Appeals · 1933