Legal Opinion

Shellabarger Grain Products Co. v. Commissioner

United States Tax Court

Decided June 10, 1943No. Docket No. 109510Published

1. At the beginning of the taxable year the petitioner had an impairment of its paid-in capital. During the year it decided to liquidate and dissolve. It sold its assets and business and before the end of the year filed a statement of intent to dissolve with the state authorities. The petitioner had net earnings or profits for the year and, after the sale of its assets and business, made a distribution in excess of such earnings or profits.

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1. At the beginning of the taxable year the petitioner had an impairment of its paid-in capital. During the year it decided to liquidate and dissolve. It sold its assets and business and before the end of the year filed a statement of intent to dissolve with the state authorities. The petitioner had net earnings or profits for the year and, after the sale of its assets and business, made a distribution in excess of such earnings or profits. Held: (a) That the distribution was a distribution in partial liquidation; (b) That, to the extent necessary to absorb the deficit in paid-in capital, the…

1Opinion of the Court

Shellabarger Grain Products Company, Petitioner, v. Commissioner of Internal Revenue, Respondent

Shellabarger Grain Products Co. v. Commissioner

Docket No. 109510

United States Tax Court

2 T.C. 75; 1943 U.S. Tax Ct. LEXIS 143;

June 10, 1943, Promulgated

Decision will be entered under Rule 50.

1. At the beginning of the taxable year the petitioner had an impairment of its paid-in capital. During the year it decided to liquidate and dissolve. It sold its assets and business and before the end of the year filed a statement of intent to dissolve with the state authorities. The petitioner had net…

2Cases cited6 opinions

  1. North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
  2. United States v. Kirby Lumber CoSupreme Court of the United States · 1931
  3. Helvering v. American Dental Co.Supreme Court of the United States · 1943
  4. Foster v. United StatesSupreme Court of the United States · 1938
  5. Shellabarger Grain Products Co. v. CommissionerUnited States Tax Court · 1943

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