Legal Opinion

Graham v. Commissioner

United States Board of Tax Appeals

Decided April 8, 1938No. Docket Nos. 87570, 87571Published

1. Corporation A, desiring to liquidate, transferred approximately 95 percent of its assets to B for cash and the debentures of X, which owned all of B. The debentures matured in about six and one-half years, but were called the following year.

Read the full summary

1. Corporation A, desiring to liquidate, transferred approximately 95 percent of its assets to B for cash and the debentures of X, which owned all of B. The debentures matured in about six and one-half years, but were called the following year. Held, not a reorganization under section 112(i)(1)(A) of the Revenue Act of 1932, there being no plan of reorganization and no such continuing interest in B as required by the statute. 2. Corporation A transferred the remaining 5 percent of its assets to C, a corporation created to liquidate the assets, for all of C's stock. Held, not a reorganization…

1Opinion of the Court

GEORGE D. GRAHAM, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

NEVA B. GRAHAM, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Graham v. Commissioner

Docket Nos. 87570, 87571.

United States Board of Tax Appeals

37 B.T.A. 623; 1938 BTA LEXIS 1009;

April 8, 1938, Promulgated

1. Corporation A, desiring to liquidate, transferred approximately 95 percent of its assets to B for cash and the debentures of X, which owned all of B. The debentures matured in about six and one-half years, but were called the following year. Held, not a reorganization under section 112(i)(1)(A) of…

2Cases cited7 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Pinellas Ice & Cold Storage Co. v. CommissionerSupreme Court of the United States · 1933
  3. Groman v. CommissionerSupreme Court of the United States · 1937
  4. Helvering v. BashfordSupreme Court of the United States · 1938
  5. Mellon v. CommissionerUnited States Board of Tax Appeals · 1937

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API