Legal Opinion
Laurie W. Tomlinson, District Director of Internal Revenue for the District of Florida v. The 1661 Corporation
Court of Appeals for the Fifth Circuit
Decided May 9, 1967No. 23246_1PublishedCited by 64 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
The only question presented on this appeal is whether certain advances of funds to the Taxpayer Corporation 1 by its sole shareholders constitutes indebtedness within the meaning of § 163 of the Internal Revenue Code of 1954, 26 U.S.C.A. § 163, 2 or contributions to capital. The Commissioner determined that the advances fell into the capital category and disallowed the claimed deduction for interest accrued on the Corporation’s books for the years 1960 through 1962. Upon trial of the tax refund suit, the District Court held for the Taxpayer. The 1661 Corporation…
2Cases cited16 opinions
- Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
- John v. Rowan v. United StatesCourt of Appeals for the Fifth Circuit · 1955
- Sun Properties, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1955
- O. H. Kruse Grain & Milling v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1960
- Commissioner of Int. Rev. v. Meridian & Thirteenth R. Co.Court of Appeals for the Seventh Circuit · 1942
11 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Fin Hay Realty Co. v. United StatesCourt of Appeals for the Third Circuit · 1968
- Estate of Travis Mixon, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1972
- Howard A. Blachly and Robert L. McMillen v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- Alterman Foods, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1975
- Jean C. Tyler and Dolly Ann Tyler v. Laurie W. Tomlinson, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1969
59 more not listed; retrieve them via the Exa API.