Legal Opinion
Brennan v. O'DONNELL
District Court, N.D. Alabama
Decided February 3, 1971No. Civ. A. 66-80PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
POINTER, District Judge.
The sole issue is whether certain funds contributed to a corporation by its stockholders should be treated as giving rise to a second class of stock within the meaning of I.R.C. § 1371(a) (4) 1 , thereby making it ineligible for treatment under subchapter S. 2 An earlier decision of this court [68-1 USTC j[ 9314], holding such advances not to be a second class of stock, was vacated on appeal and the cause remanded for further proceedings, 426 F.2d 218 (5th Cir. 1970).
In a detailed stipulation entered into on November 29, 1966, the parties agreed…
2Cases cited5 opinions
- Raynor v. CommissionerUnited States Tax Court · 1968
- Gamman v. CommissionerUnited States Tax Court · 1966
- Stinnett v. CommissionerUnited States Tax Court · 1970
- Portage Plastics Company v. United StatesDistrict Court, W.D. Wisconsin · 1969
- Frances U. Brennan, as of the Last Will and Testament of William J. Brennan, Deceased, Etc. v. A. J. O'donnell, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1970
3Cited by8 opinions
- Wheat v. United StatesDistrict Court, S.D. Texas · 1973
- Amory Cotton Oil Company, Plaintiff-Appellee-Cross-Appellant v. United States of America, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1972
- Estate of Allison v. CommissionerUnited States Tax Court · 1971
- Shores Realty Company, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1972
- Portage Plastics Company, Inc. v. United StatesCourt of Appeals for the Seventh Circuit · 1972
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