Legal Opinion
Austin Village, Inc. v. United States
Court of Appeals for the Sixth Circuit
Decided September 29, 1970No. 19538PublishedCited by 25 opinions
1Opinion of the Court
McCREE, Circuit Judge.
The sole issue we review in this appeal is whether certain advances to plaintiff-appellee corporation by its shareholders represented contributions to capital or were loans. If, as the District Judge held, the advances were loans, plaintiff is entitled to deduct accrued interest thereon pursuant to 26 U.S.C. § 163(a)1 in computing its federal income tax liability.2
The District Judge’s opinion, reported in 296 F.Supp. 382 (N.D.Ohio 1968), relates the background of this case in careful detail. The salient facts are these. Plaintiff corporation was organized in June, 1953…
2Cases cited13 opinions
- Fin Hay Realty Co. v. United StatesCourt of Appeals for the Third Circuit · 1968
- Byerlite Corporation v. Parker C. Williams, District Director of Internal Revenue, Eighteenth District of OhioCourt of Appeals for the Sixth Circuit · 1960
- Jean C. Tyler and Dolly Ann Tyler v. Laurie W. Tomlinson, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1969
- Paul W. Berthold and Dorothy Berthold v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1968
- Union Planters National Bank of Memphis v. United StatesCourt of Appeals for the Sixth Circuit · 1970
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Roth Steel Tube Company v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1986
- Indmar Products Co., Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 2006
- Coles W. Raymond, M.D. And Virginia Raymond, His Wife v. United StatesCourt of Appeals for the Sixth Circuit · 1975
- Sudden Service, Inc. v. Brockman Forklifts, Inc.District Court, E.D. Michigan · 2008
- Hubert Enters. v. Comm'rUnited States Tax Court · 2005
20 more not listed; retrieve them via the Exa API.