Legal Opinion
Estate of Chandler v. Commissioner
United States Tax Court
Decided September 14, 1954No. Docket Nos. 27649, 27650, 27651, 27652PublishedCited by 9 opinions
1Opinion of the Court
OPINION.
BRUCE, Judge:
Respondent contends that the Company’s pro rata distribution in redemption of half its capital stock at book value was made at such a time and in such a manner as to make the distribution essentially equivalent to the distribution of a taxable dividend to the extent of earnings and profits. If respondent’s contention is correct the distribution to the extent of earnings and profits loses its capital gain status acquired under section 115 (c) and (i) and is treated as a taxable dividend under section 115 (g)1 of the Internal Revenue Code of 1989 as it applied in 1946.2
A…
2Cases cited16 opinions
- Flanagan v. HelveringCourt of Appeals for the D.C. Circuit · 1940
- Boyle v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1951
- Zenz v. QuinlivanCourt of Appeals for the Sixth Circuit · 1954
- McGuire v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1936
- Kirschenbaum v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1946
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Holsey v. CommissionerUnited States Tax Court · 1957
- McDaniel v. CommissionerUnited States Tax Court · 1955
- Swan v. CommissionerUnited States Tax Court · 1964
- Great Northern Investments, Inc. v. Commissioner of TaxationSupreme Court of Minnesota · 1964
- Viereck v. United StatesUnited States Court of Claims · 1983
4 more not listed; retrieve them via the Exa API.