Legal Opinion

Commissioner v. Clark

Supreme Court of the United States

Decided March 22, 1989No. 87-1168PublishedCited by 166 opinions

1Opinion of the CourtJustice Stevens

delivered the opinion of the Court.*

This is the third case in which the Government has asked us to decide that a shareholder’s receipt of a cash payment in exchange for a portion of his stock was taxable as a dividend. In the two earlier cases, Commissioner v. Estate of Bedford, 325 U. S. 283 (1945), and United States v. Davis, 397 U. S. 301 (1970), we agreed with the Government largely because the transactions involved redemptions of stock by single corporations that did not “result in a meaningful reduction of the shareholder’s proportionate interest in the corporation.” *729Id., at 313. In the…

2Cases cited12 opinions

  1. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  2. A. H. Phillips, Inc. v. WallingSupreme Court of the United States · 1945
  3. Minnesota Tea Co. v. HelveringSupreme Court of the United States · 1938
  4. United States v. DavisSupreme Court of the United States · 1970
  5. Commissioner v. Estate of BedfordSupreme Court of the United States · 1945

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3Cited by166 opinions

  1. Choice Hotels International, Incorporated v. Bsr Tropicana Resort, Incorporated, a Florida Corporation Susan Hounsom Milton JohnsonCourt of Appeals for the Fourth Circuit · 2001
  2. Maracich v. SpearsSupreme Court of the United States · 2013
  3. John Hancock Mutual Life Insurance v. Harris Trust & Savings BankSupreme Court of the United States · 1993
  4. City of Edmonds v. Oxford House, Inc.Supreme Court of the United States · 1995
  5. WPIX, Inc. v. Ivi, Inc.Court of Appeals for the Second Circuit · 2012

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