Legal Opinion
Joseph v. Rafferty v. Commissioner of Internal Revenue
Court of Appeals for the First Circuit
Decided December 6, 1971No. 71-1121PublishedCited by 8 opinions
1Opinion of the Court
McENTEE, Circuit Judge.
Taxpayers, Joseph V. Rafferty and wife, appeal from a decision of the Tax Court, 55 T.C. 491, which held that a distribution to them of all the outstanding stock of a real estate holding corporation did not meet the requirements of § 355 of the Internal Revenue Code of 1954 and therefore was taxable as a dividend. Our opinion requires a construction of § 355 and the regulations thereunder. 1
The facts, some of which have been stipulated, are relatively simple. The taxpayers own all the outstanding shares of Rafferty Brown Steel Co., Inc. (hereinafter RBS), a…
2Cases cited9 opinions
- Lewis v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1949
- Coady v. CommissionerUnited States Tax Court · 1960
- United States v. W. W. Marett and Ruth MarettCourt of Appeals for the Fifth Circuit · 1963
- Commissioner of Internal Revenue v. Marne S. Wilson, Marjorie M. Wilson, Lyle C. Wilson and Peggy WilsonCourt of Appeals for the Ninth Circuit · 1965
- Wilson v. CommissionerUnited States Tax Court · 1964
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- E. Ward King and Myrtle C. King v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1972
- Laure v. CommissionerUnited States Tax Court · 1978
- Proctor v. CommissionerUnited States Tax Court · 1981
- Gada v. United StatesDistrict Court, D. Connecticut · 1978
- Bowater Inc. v. CommissionerUnited States Tax Court · 1995
3 more not listed; retrieve them via the Exa API.