Legal Opinion

State ex rel. Moon v. Nygaard

Wisconsin Supreme Court

Decided January 13, 1920PublishedCited by 1 opinion

Appeal from a judgment of the circuit court for Eau Claire county:' James Wicki-iam, Circuit Judge. The plaintiffs in this action were stockholders of the Sallie F. Moon Company, a Wisconsin corporation.

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Appeal from a judgment of the circuit court for Eau Claire county:' James Wicki-iam, Circuit Judge. The plaintiffs in this action were stockholders of the Sallie F. Moon Company, a Wisconsin corporation. That company was organized in 1906, and its capital stock of $400,000 was issued to the mother of relators in consideration of the transfer to it of her property, and among such were 1,893 out of the 2,423 shares of the capital stock of the Northwestern Lumber Company, also a Wisconsin corporation. Although the charter of the Sallie F. Moon Company authorized the dealing in real and personal…

1Opinion of the CourtEschweiler, J.

The appellant contends that the money paid to the plaintiffs as stockholders of the Sallie F. Moon Company and designated as dividends is taxable income of the relators although the source of such dividends is a surplus accumulated prior to 1911 by the Northwestern Lumber Company and paid out by it to the Sallie F. Moon Company in 1917 as a result of severally declared dividends by the Northwestern Lumber Company in 1916.

The income tax law provides for the levying of a tax upon annual incomes. Sub. 2, sec. 1087m — 2, Stats., in defining the term “income,” so far as material here now reads as…

2Cases cited5 opinions

  1. Van Dyke v. City of MilwaukeeWisconsin Supreme Court · 1915
  2. State ex rel. Bundy v. NygaardWisconsin Supreme Court · 1916
  3. State ex rel. Sallie F. Moon Co. v. Wisconsin Tax CommissionWisconsin Supreme Court · 1917
  4. State ex rel. Pfister v. WiduleWisconsin Supreme Court · 1917
  5. Buck v. LockwoodMichigan Supreme Court · 1916

3Cited by1 opinion

  1. State ex rel. Van Dyke v. CaryWisconsin Supreme Court · 1923

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