Legal Opinion

Conservative Gas Co. v. Commissioner

United States Board of Tax Appeals

Decided April 27, 1934No. Docket No. 72391Published

The facts revealing no negotiation of an agreement or commitment to sell part of the assets of a corporation to a third party prior to the transfer of the assets to a trustee for the benefit of stockholders to whom the corporation had declared a liquidating dividend in kind, held that the subsequent sale by the trustee was not a sale by the corporation so as to make the profit thereon taxable to the corporation rather than to the stockholders to whom the proceeds of the sale…

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The facts revealing no negotiation of an agreement or commitment to sell part of the assets of a corporation to a third party prior to the transfer of the assets to a trustee for the benefit of stockholders to whom the corporation had declared a liquidating dividend in kind, held that the subsequent sale by the trustee was not a sale by the corporation so as to make the profit thereon taxable to the corporation rather than to the stockholders to whom the proceeds of the sale were distributed.

1Opinion of the Court

CONSERVATIVE GAS COMPANY, A CORPORATION PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Conservative Gas Co. v. Commissioner

Docket No. 72391.

United States Board of Tax Appeals

30 B.T.A. 552; 1934 BTA LEXIS 1307;

April 27, 1934, Promulgated

The facts revealing no negotiation of an agreement or commitment to sell part of the assets of a corporation to a third party prior to the transfer of the assets to a trustee for the benefit of stockholders to whom the corporation had declared a liquidating dividend in kind, held that the subsequent sale by the trustee was not a sale by the…

2Cases cited1 opinion

  1. Conservative Gas Co. v. CommissionerUnited States Board of Tax Appeals · 1934

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