Legal Opinion

Lido Bldg. Co. v. Commissioner

United States Board of Tax Appeals

Decided October 30, 1934No. Docket No. 53385Published

Where a corporation unable to advance funds to carry on litigation in defense of its title to a lease, constituting its sole asset, agrees with a stockholder that if he will advance the funds necessary for such purpose it will turn over to him 60 percent "of any of the net proceeds derived either from said litigation by settlement or for the sale of said lease", the amount paid by the corporation to the stockholder representing 60 percent of the amount realized from the…

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Where a corporation unable to advance funds to carry on litigation in defense of its title to a lease, constituting its sole asset, agrees with a stockholder that if he will advance the funds necessary for such purpose it will turn over to him 60 percent "of any of the net proceeds derived either from said litigation by settlement or for the sale of said lease", the amount paid by the corporation to the stockholder representing 60 percent of the amount realized from the successful termination of the litigation constitutes additional cost of the lease to be taken into account in the…

1Opinion of the Court

LIDO BUILDING COMPANY, INC., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Lido Bldg. Co. v. Commissioner

Docket No. 53385.

United States Board of Tax Appeals

31 B.T.A. 461; 1934 BTA LEXIS 1092;

October 30, 1934, Promulgated

Where a corporation unable to advance funds to carry on litigation in defense of its title to a lease, constituting its sole asset, agrees with a stockholder that if he will advance the funds necessary for such purpose it will turn over to him 60 percent "of any of the net proceeds derived either from said litigation by settlement or for the sale of said lease",…

2Cases cited1 opinion

  1. Lido Bldg. Co. v. CommissionerUnited States Board of Tax Appeals · 1934

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