Legal Opinion

Maumee Malleable Castings Co. v. Commissioner

United States Board of Tax Appeals

Decided April 24, 1941No. Docket No. 100933Published

Prior to May 1, 1936, petitioner executed a written contract which contained a provision prohibiting it from paying dividends until a debt owed by it was paid in full. By the terms of the debt petitioner was not required to pay it in full in the taxable year, but was permitted to do so. At the very end of the taxable year petitioner was able financially to pay the debt in full; and shortly after the end of the taxable year petitioner did pay the debt in full.

Read the full summary

Prior to May 1, 1936, petitioner executed a written contract which contained a provision prohibiting it from paying dividends until a debt owed by it was paid in full. By the terms of the debt petitioner was not required to pay it in full in the taxable year, but was permitted to do so. At the very end of the taxable year petitioner was able financially to pay the debt in full; and shortly after the end of the taxable year petitioner did pay the debt in full. Petitioner's failure to pay the debt in full in the taxable year was actuated by sound business purposes. Held, that under section…

1Opinion of the Court

THE MAUMEE MALLEABLE CASTINGS COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Maumee Malleable Castings Co. v. Commissioner

Docket No. 100933.

United States Board of Tax Appeals

44 B.T.A. 263; 1941 BTA LEXIS 1350;

April 24, 1941, Promulgated

Prior to May 1, 1936, petitioner executed a written contract which contained a provision prohibiting it from paying dividends until a debt owed by it was paid in full. By the terms of the debt petitioner was not required to pay it in full in the taxable year, but was permitted to do so. At the very end of the taxable year petitioner was…

2Cases cited3 opinions

  1. Page Oil Co. v. CommissionerUnited States Board of Tax Appeals · 1940
  2. Kilby Steel Co. v. CommissionerUnited States Board of Tax Appeals · 1940
  3. Maumee Malleable Castings Co. v. CommissionerUnited States Board of Tax Appeals · 1941

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API