Legal Opinion

Rodman v. Commissioner

United States Tax Court

Decided October 21, 1971No. Docket No. 5251-69PublishedCited by 6 opinions

Petitioner owned oil-producing properties and nonproducing properties. Petitioner also owned 100 percent of the stock of Petroleum and 80 percent of the stock of Oil. According to a prearranged plan, petitioner transferred his producing and nonproducing properties to Petroleum for additional stock of Petroleum.

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Petitioner owned oil-producing properties and nonproducing properties. Petitioner also owned 100 percent of the stock of Petroleum and 80 percent of the stock of Oil. According to a prearranged plan, petitioner transferred his producing and nonproducing properties to Petroleum for additional stock of Petroleum. Thereafter, petitioner and the 20-percent owners of Oil exchanged all of their stock in Petroleum and Oil for stock of Reading & Bates, an unrelated publicly held corporation. Petitioner conceded that his transfer of properties to Petroleum should be treated as a taxable sale to…

1Opinion of the Court

Iewin, Judge:

Respondent determined the following deficiencies in petitioners’ income tax:

Tear Deficiency

1966 _$320,474.65

1967 _ 5,104.13

Subsequent to the trial of this case the parties settled several issues concerning petitioner’s business expenses; however, two issues remain for decision: (1) Whether petitioner understated the amount of gain realized upon a sale of oil properties in 1966; and (2) whether petitioner received a constructive dividend when he purchased property from his wholly owned corporation in 1966.

FINDINGS OP PACT

Some of the facts have been stipulated. The stipulation…

2Cases cited5 opinions

  1. Cook v. TaitSupreme Court of the United States · 1924
  2. Philadelphia Park Amusement Co. v. United StatesUnited States Court of Claims · 1954
  3. Bar L Ranch, Inc., and in Intervention-Appellant v. Robert L. Phinney, United States of America, in Intervention-AppelleeCourt of Appeals for the Fifth Circuit · 1970
  4. Dellinger v. CommissionerUnited States Tax Court · 1959
  5. Ludlow v. CommissionerUnited States Tax Court · 1961

3Cited by6 opinions

  1. Smith v. CommissionerUnited States Tax Court · 1982
  2. Amerada Hess Corp. v. CommissionerCourt of Appeals for the Third Circuit · 1975
  3. Amerada Hess Corporation, Successor by Merger to Hess Oil & Chemical Corporation (J. D. Callendar Financial Vice-Pres.) v. Commissioner of Internal Revenue. Amerada Hess Corporation, Successor by Merger to Hess Oil & Chemical Corporation (Harold N. Bast, Vice-Pres.) v. Commissioner of Internal Revenue. White Farm Equipment Company, a Delaware Corporation (Successor to Oliver Corporation, a Delaware Corp.) v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1975
  4. Metro Auto Auction, Inc. v. CommissionerUnited States Tax Court · 1984
  5. Rodman v. CommissionerUnited States Tax Court · 1971

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