Legal Opinion

Aqualane Shores, Inc. v. Commissioner

United States Tax Court

Decided May 29, 1958No. Docket No. 55278Published

Three partners acquired certain real estate in 1949 as to which their adjusted basis was approximately $ 69,000. In 1950 they organized a corporation and conveyed the property to it at a price of $ 250,000 subject to a prior mortgage of approximately $ 50,000. They purported to subscribe in equal amounts to $ 9,600 of the corporation's stock and on the same day received a purported downpayment of $ 9,000. The corporation agreed to pay the balance of $ 191,000 in 5 annual…

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Three partners acquired certain real estate in 1949 as to which their adjusted basis was approximately $ 69,000. In 1950 they organized a corporation and conveyed the property to it at a price of $ 250,000 subject to a prior mortgage of approximately $ 50,000. They purported to subscribe in equal amounts to $ 9,600 of the corporation's stock and on the same day received a purported downpayment of $ 9,000. The corporation agreed to pay the balance of $ 191,000 in 5 annual installments for which no security was given. The corporation immediately needed considerable sums as working capital and…

1Opinion of the Court

Aqualane Shores, Inc., a Florida Corporation, Petitioner, v. Commissioner of Internal Revenue, Respondent

Aqualane Shores, Inc. v. Commissioner

Docket No. 55278

United States Tax Court

30 T.C. 519; 1958 U.S. Tax Ct. LEXIS 181;

May 29, 1958, Filed

Decision will be entered under Rule 50.

Three partners acquired certain real estate in 1949 as to which their adjusted basis was approximately $ 69,000. In 1950 they organized a corporation and conveyed the property to it at a price of $ 250,000 subject to a prior mortgage of approximately $ 50,000. They purported to subscribe in equal amounts to $ 9,600 of…

2Cases cited15 opinions

  1. Gooding Amusement Co. v. CommissionerUnited States Tax Court · 1954
  2. Dobkin v. CommissionerUnited States Tax Court · 1950
  3. Sun Properties, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1955
  4. Colony, Inc. v. CommissionerUnited States Tax Court · 1956
  5. Heller v. CommissionerUnited States Tax Court · 1943

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