Peabody Coal Co. v. United States

LITTLETON, Judge.

The question involved in this case is whether a stockholder in a corporation who finds it necessary to surrender a part of his stock to hankers without receiving in return therefor at the time any tangible or definite consideration of determinative value, in order to induce such bankers to refinance the corporation or furnish the required capital for its continued operation, is entitled to a deduction of the amount of the cost of the stock so surrendered under section 234 (a) (4) of the Revenue Act of 1926, 26 USCA § 986 (a) (4), which provides that in computing net income…