Legal Opinion
J. E. Davant and Kathryn Davant v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. J. E. Davant and Kathryn Davant
Court of Appeals for the Fifth Circuit
Decided October 4, 1966No. 22835_1PublishedCited by 125 opinions
1Opinion of the Court
RIVES, Circuit Judge:
The petitioners are persons who claim that the income from the sale of their stock in the South Texas Rice Warehouse Company should be taxed solely as a capital gain. The Tax Court found that a corporate reorganization had taken place and held that at least part of petitioners’ income should be taxed as a dividend constituting ordinary income. 1 The government took a cross ap peal contending that the Tax Court should have held that a greater portion of petitioners’ income was ordinary income. Since we agree with the government, we affirm in part and reverse in part.
South…
2Cases cited29 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Gregory v. HelveringSupreme Court of the United States · 1935
- Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
- Phelps Dodge Corp. v. National Labor Relations BoardSupreme Court of the United States · 1941
- Helvering v. Alabama Asphaltic Limestone Co.Supreme Court of the United States · 1942
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3Cited by125 opinions
- Cal-Maine Foods, Inc. v. CommissionerUnited States Tax Court · 1989
- E. Keith Owens v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1977
- Reef Corporation v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Reef CorporationCourt of Appeals for the Fifth Circuit · 1966
- Waterman Steamship Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1970
- Emory K. Crenshaw, as of the Estate of Frances Wood Wilson, Deceased v. United StatesCourt of Appeals for the Fifth Circuit · 1972
120 more not listed; retrieve them via the Exa API.