Corning Glass Works v. Commissioner
United States Board of Tax Appeals
1. Where two corporations were consolidated under the laws of New York, and where the resulting corporation acquired the assets of one of the old corporations in consideration of the exchange of its capital stock for the stock of the old corporation, held that the consolidation resulted in the creation of a new corporation and the dissolution of the old corporations, and that the assets of the old corporation were bona fide paid in for the stock of the new corporation. 2.…
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1. Where two corporations were consolidated under the laws of New York, and where the resulting corporation acquired the assets of one of the old corporations in consideration of the exchange of its capital stock for the stock of the old corporation, held that the consolidation resulted in the creation of a new corporation and the dissolution of the old corporations, and that the assets of the old corporation were bona fide paid in for the stock of the new corporation. 2. Corporate entity should not be lightly disregarded. 3. Intangible assets valued. 4. Where a corporation sells its stock at…
1Opinion of the Court
*785OPINION.
Milliken:
Six questions are presented for decision. Four of them relate to petitioner’s invested capital in the year 1921, and two to deductions.
We will first consider petitioner’s contention that respondent erred in excluding from its invested capital for the year 1921, intangibles consisting of good will, patents, and a contract, all of which it asserts it acquired in 1911 in exchange for the whole of its then existing capital stock. Petitioner asserts that these intangibles had, at the beginning of the year 1921, a value of at least $233,750 for invested capital purposes.
Respondent…
2Cases cited7 opinions
- Cannon Manufacturing Co. v. Cudahy Packing Co.Supreme Court of the United States · 1925
- United States v. PhellisSupreme Court of the United States · 1921
- LaBelle Iron Works v. United StatesSupreme Court of the United States · 1921
- Heryford v. DavisSupreme Court of the United States · 1880
- Western Union Telegraph Co. v. BrownSupreme Court of the United States · 1920
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Pickwick Corp. v. WelchDistrict Court, S.D. California · 1937
- Bridgeport Hydraulic Company v. Frank W. Kraemer and John J. Fitzpatrick, Collectors of Internal Revenue for the District of ConnecticutCourt of Appeals for the Second Circuit · 1955
- Corning Glass Works v. CommissionerUnited States Board of Tax Appeals · 1927