Legal Opinion
Alterman Foods, Inc. v. United States
United States Court of Claims
Decided December 12, 1979No. 50-76PublishedCited by 16 opinions
1Opinion of the Court
PER CURIAM: This case comes before the court on plaintiffs exceptions, to the recommended decision of Trial Judge David Schwartz, filed January 29, 1979, pursuant to *220Rule 134(h), having been submitted to the court on the briefs and oral argument of counsel.
The court recognizes that under I.R.C. section 316 a corporation must have sufficient earnings and profits before a constructive dividend can be found to exist; retained earnings are considered in this opinion solely to analyze plaintiffs intent. Since the burden is on the plaintiff to disprove the Commissioner of Internal Revenue’s…
2Cases cited19 opinions
- Electric & Neon, Inc. v. CommissionerUnited States Tax Court · 1971
- Gene O. Clark and Faye Clark v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1959
- Estate of E. W. Chism, Deceased, Clara Chism, and Clara Chism v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1963
- Alterman Foods, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1975
- Regensburg v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1944
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- William S. Hagaman, Bonnie C. Hagaman v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1992
- Ralph D. Crowley and Frances A. Crowley v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1992
- Richard E. Busch Jr. & Jean N. Busch v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1984
- Leonard C. Jaques, Sybil J. Jaques v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1991
- United Parcel Service General Services Co. v. Director, Division of TaxationNew Jersey Superior Court Appellate Division · 2013
11 more not listed; retrieve them via the Exa API.