Legal Opinion
Appleman v. United States
District Court, S.D. New York
Decided September 15, 1959PublishedCited by 1 opinion
1Opinion of the Court
DAWSON, District Judge.
This is a motion and cross-motion for summary judgment under Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A. The parties have each agreed that there is no controversy as to any issue of fact. *707The action is one for a tax refund. The essential issue presented to the Court is whether a gain received by a taxpayer on payment in full of dividend arrears certificates is to be treated as a capital gain or treated as dividend income and taxed as ordinary income.
The following facts appear to exist without substantial controversy:
In May 1937 the Illinois Power Company,…
2Cases cited7 opinions
- Flanagan v. HelveringCourt of Appeals for the D.C. Circuit · 1940
- Commissioner of Internal Revenue v. Starr Bros., IncCourt of Appeals for the Second Circuit · 1953
- Bingham v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1939
- Skenandoa Rayon Corp. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1941
- BEALS'ESTATE v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1936
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- National-Standard Company v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1984