Legal Opinion

C. F. Mueller Co. v. Commissioner

United States Board of Tax Appeals

Decided June 30, 1939No. Docket Nos. 85964, 96331Published

1. The difference between payments on subscriptions to building and loan association shares and the amount received upon maturity of the shares, is not taxable in its entirety to the shareholder in the year of maturity, where the shareholder has consistently for all years accrued annually on his books and included in his income the net annual increase in the withdrawal value of the shares resulting from dividends declared and credited annually to his account on the books of…

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1. The difference between payments on subscriptions to building and loan association shares and the amount received upon maturity of the shares, is not taxable in its entirety to the shareholder in the year of maturity, where the shareholder has consistently for all years accrued annually on his books and included in his income the net annual increase in the withdrawal value of the shares resulting from dividends declared and credited annually to his account on the books of the association, but only so much of the gain as has not been accrued in prior years is taxable as a dividend in the…

1Opinion of the Court

C. F. MUELLER COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

C. F. Mueller Co. v. Commissioner

Docket Nos. 85964, 96331.

United States Board of Tax Appeals

40 B.T.A. 195; 1939 BTA LEXIS 883;

June 30, 1939, Promulgated

1. The difference between payments on subscriptions to building and loan association shares and the amount received upon maturity of the shares, is not taxable in its entirety to the shareholder in the year of maturity, where the shareholder has consistently for all years accrued annually on his books and included in his income the net annual increase in the…

2Cases cited17 opinions

  1. Lucas v. American Code Co.Supreme Court of the United States · 1930
  2. Burnet v. Sanford & Brooks Co.Supreme Court of the United States · 1931
  3. Spring City Foundry Co. v. CommissionerSupreme Court of the United States · 1934
  4. Brown v. HelveringSupreme Court of the United States · 1934
  5. Weiss v. WeinerSupreme Court of the United States · 1929

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