Legal Opinion

Kunze v. Commissioner

United States Tax Court

Decided October 13, 1952No. Docket No. 34073Published

Dividend declared and made payable in 1946 by a corporation of which petitioner and another were stockholders but, at petitioner's request, discriminatorily withheld from his possession until the following year, held constructively received by him in the prior year. Avery v. Commissioner, 292 U.S. 210, distinguished.

1Opinion of the Court

Frank W. Kunze, Petitioner, v. Commissioner of Internal Revenue, Respondent

Kunze v. Commissioner

Docket No. 34073

United States Tax Court

19 T.C. 29; 1952 U.S. Tax Ct. LEXIS 74;

October 13, 1952, Promulgated

Decision will be entered for the respondent.

Dividend declared and made payable in 1946 by a corporation of which petitioner and another were stockholders but, at petitioner's request, discriminatorily withheld from his possession until the following year, held constructively received by him in the prior year. Avery v. Commissioner, 292 U.S. 210, distinguished.

Sidney Gelfand and Bernard Weiss,…

2Cases cited2 opinions

  1. Avery v. CommissionerSupreme Court of the United States · 1934
  2. Kunze v. CommissionerUnited States Tax Court · 1952

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