Legal Opinion

Kraus Trust v. Commissioner

United States Tax Court

Decided January 24, 1946No. Docket Nos. 4481, 4500, 4501, 4502, 4503, 4541Published

A corporation in which petitioners owned 50 percent of the 3,000 shares of outstanding stock made distributions in 1940 of $ 50 per share on stock having $ 50 par value. The business of the corporation was making school slates. For several years surplus funds not needed in the business were invested in securities. In 1940 the securities were sold and the proceeds distributed to the stockholders.

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A corporation in which petitioners owned 50 percent of the 3,000 shares of outstanding stock made distributions in 1940 of $ 50 per share on stock having $ 50 par value. The business of the corporation was making school slates. For several years surplus funds not needed in the business were invested in securities. In 1940 the securities were sold and the proceeds distributed to the stockholders. The distribution did not serve any business need of the corporation but was made for the benefit of trusts owning stock. No plan of liquidation of the corporation had been adopted. The corporation was…

1Opinion of the Court

Edward L. Kraus, Jr., Trust, Lehigh Valley Trust Company, Trustee, Petitioner, et al., 1 v. Commissioner of Internal Revenue, Respondent

Kraus Trust v. Commissioner

Docket Nos. 4481, 4500, 4501, 4502, 4503, 4541

United States Tax Court

6 T.C. 105; 1946 U.S. Tax Ct. LEXIS 310;

January 24, 1946, Promulgated

Decisions will be entered under Rule 50 in Docket Nos. 4481 and 4541. Decisions will be entered for the respondent in Docket Nos. 4500, 4501, 4502, and 4503.

A corporation in which petitioners owned 50 percent of the 3,000 shares of outstanding stock made distributions in 1940 of $ 50 per share on…

2Cases cited7 opinions

  1. Hellmich v. HellmanSupreme Court of the United States · 1928
  2. BERETTA v. COMMISSIONERUnited States Tax Court · 1942
  3. Bazley v. CommissionerUnited States Tax Court · 1945
  4. Long v. CommissionerUnited States Tax Court · 1945
  5. Mason v. CommissionerUnited States Tax Court · 1944

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