Legal Opinion

Bowen v. Commissioner

United States Tax Court

Decided January 20, 1982No. Docket No. 12745-79PublishedCited by 14 opinions

Husband and wife each owned stock in a publicly held corporation. Their combined ownership enabled the husband to retain control over the corporation despite an approximate 35-percent stock ownership by the wife's brother. In 1973, the wife sold her stock to her husband on the installment basis. The installment payments were to be made over a period of 40 years with a "balloon" payment due at the end of that period.

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Husband and wife each owned stock in a publicly held corporation. Their combined ownership enabled the husband to retain control over the corporation despite an approximate 35-percent stock ownership by the wife's brother. In 1973, the wife sold her stock to her husband on the installment basis. The installment payments were to be made over a period of 40 years with a "balloon" payment due at the end of that period. Subsequently, in late 1974, the husband sold to a Canadian corporation a portion of the shares purchased from his wife. This sale also was on the installment basis. In computing…

1Opinion of the Court

Sterrett, Judge:

By statutory notice dated June 8, 1979, respondent determined deficiencies in petitioners’ Federal income taxes of $158.20 and $10,724.42 for the taxable years 1973 and 1975, respectively, and an addition to tax for negligence or intentional disregard of rules or regulations in the amount of $536.22 for the 1975 taxable year. The issues presented for decision are: (1) Whether a sale of stock between petitioner-husband and petitioner-wife was a bona fide transaction entitled to recognition for Federal income tax purposes; (2) if not, whether the basis of a portion of such stock…

2Cases cited24 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Corliss v. BowersSupreme Court of the United States · 1930
  3. United States v. PhellisSupreme Court of the United States · 1921
  4. Griffiths v. CommissionerSupreme Court of the United States · 1939
  5. Grodt & McKay Realty, Inc. v. CommissionerUnited States Tax Court · 1981

19 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Molsen v. CommissionerUnited States Tax Court · 1985
  2. Gordon v. CommissionerUnited States Tax Court · 1985
  3. Vaughn v. CommissionerUnited States Tax Court · 1983
  4. Andantech L.L.C. v. Comm'rUnited States Tax Court · 2002
  5. Bowen v. CommissionerUnited States Tax Court · 1982

9 more not listed; retrieve them via the Exa API.

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