Legal Opinion

J. M. Harrison, Inc. v. Commissioner

United States Board of Tax Appeals

Decided April 20, 1934No. Docket No. 50594PublishedCited by 8 opinions

Where petitioner, pursuant to a plan, exchanged substantially all of its assets for stock in another corporation and thereafter dissolved and distributed such stock among its stockholders, held, there was a statutory reorganization within section 112(i)(1)(A) of the Revenue Act of 1928, and the exchange constituted a nontaxable transaction within the meaning of section 112(b)(4) of that act.

1Opinion of the Court

*458OPINION.

Adams :

The petitioner, J. M. Harrison, Inc., in its income tax return reported the transaction between it and the Ross Industries Corporation as a tax-free exchange, and here contends that it constituted a reorganization and exchange of property by one corporation solely for stock in another corporation a party to the reorganization within the meaning of section 112 (i) (1) (A)' and section 112 (b) (4) of the Revenue Act of 1928. ■ (The pertinent paragraphs of the act are set out in the margin.1)

The respondent contends that it was a sale upon which gain or loss shall be recognized.

*459The…

2Cases cited2 opinions

  1. Pinellas Ice & Cold Storage Co. v. CommissionerSupreme Court of the United States · 1933
  2. Minnesota Tea Co. v. CommissionerUnited States Board of Tax Appeals · 1933

3Cited by8 opinions

  1. Fifth Ave. Bank v. CommissionerUnited States Board of Tax Appeals · 1934
  2. Western Industries Co. v. CommissionerUnited States Board of Tax Appeals · 1934
  3. Harrison v. CommissionerUnited States Board of Tax Appeals · 1934
  4. Fifth Ave. Bank v. CommissionerUnited States Board of Tax Appeals · 1934
  5. Harrison v. CommissionerUnited States Board of Tax Appeals · 1934

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