Legal Opinion

Waterman S.S. Corp. v. Commissioner

United States Tax Court

Decided July 31, 1968No. Docket No. 6500-66PublishedCited by 22 opinions

Petitioner's predecessor received an offer by an individual to have his corporate nominee purchase the stock of two of its subsidiaries for $ 3,500,000 cash.

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Petitioner's predecessor received an offer by an individual to have his corporate nominee purchase the stock of two of its subsidiaries for $ 3,500,000 cash. Because one of these subsidiaries had accumulated earnings and profits of approximately $ 2,800,000 invested in assets but the basis of the stock of the subsidiaries to petitioner's predecessor was only approximately $ 700,000, petitioner's predecessor refused the offer as made, but made a counteroffer to sell the stock for approximately $ 700,000 after having declared a dividend to itself of approximately $ 2,800,000, provided the…

1Opinion of the Court

Scott, Judge:

Respondent determined a deficiency in petitioner’s income tax for the taxable period January 1, 1955, through May 5, 1955, in the amount of $196,744.93.

Some of the issues raised by the pleadings hare been disposed of by agreement of the parties leaving for our decision whether the distribution of a promissory note by Pan-Atlantic Steamship Corp. in the principal sum of $2,799,820 to Waterman Steamship Corp. was a dividend or part of the purchase price for the sale by Waterman Steamship Corp. of the stock of Pan-Atlantic Steamship Corp. and Gulf Florida Terminal Co., Inc., to…

2Cases cited11 opinions

  1. Helvering v. CliffordSupreme Court of the United States · 1940
  2. Commissioner v. TowerSupreme Court of the United States · 1946
  3. United States v. Cumberland Public Service Co.Supreme Court of the United States · 1950
  4. Steel Improv. & Forge Co. v. CommissionerUnited States Tax Court · 1961
  5. The Steel Improvement and Forge Company v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1963

6 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Waterman Steamship Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1970
  2. Owens v. CommissionerUnited States Tax Court · 1975
  3. J. E. Casner and Una Casner v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1971
  4. Monson v. CommissionerUnited States Tax Court · 1982
  5. Reitz v. CommissionerUnited States Tax Court · 1974

17 more not listed; retrieve them via the Exa API.

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