Cohen v. Commissioner of Internal Revenue

In 1939 the taxpayers paid $15,000 to Edwards Development Corporation which they caused to be organized under the laws of Illinois with an authorized capital of 100 shares without par value. The directors of the corporation set the value of the stock at $10 per share and directed its sale at that figure. The corporate enterprise proved a failure and in 1940 the corporation was dissolved, only a small part of their $15,000 payment being returned to the taxpayers. It is their contention that their payment should be segregated into two parts, $1,000 thereof being allocated as a capital…