Legal Opinion

McGinty v. Commissioner

United States Tax Court

Decided September 17, 1962No. Docket No. 84183PublishedCited by 16 opinions

T, minority stockholder of B Corp., contracted to purchase all the remaining outstanding stock of B Corp. The purchase, in 1950, was financed by a loan which was formally made by B Corp. to T's wife. The proceeds of the loan were turned over to the sellers who endorsed the shares to T. In 1954, when T was the sole stockholder, T surrendered the shares thus purchased to B Corp. for redemption in exchange for B Corp.'s cancellation of the note.

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T, minority stockholder of B Corp., contracted to purchase all the remaining outstanding stock of B Corp. The purchase, in 1950, was financed by a loan which was formally made by B Corp. to T's wife. The proceeds of the loan were turned over to the sellers who endorsed the shares to T. In 1954, when T was the sole stockholder, T surrendered the shares thus purchased to B Corp. for redemption in exchange for B Corp.'s cancellation of the note. Held, the discharge of the note in consideration for the shares surrendered was "essentially equivalent to a dividend" ( sec. 302(b), I.R.C. 1954), and…

1Opinion of the Court

OPINION.

Raum, Judge:

We hold that Berkshire’s 1954 redemption of petitioner’s 1,333% shares of its stock in consideration of the discharge of the $40,000 note held by it was “essentially equivalent to a dividend” within the meaning of section 302 (b) of the 1954 Code.1 Pertinent statutoiy provisions are set forth in the margin.2 The fact that petitioner’s -wife was the maker of the note is of no consequence here. She was plainly acting upon his behalf, and there is no contention to the contrary.

In substance petitioner, a minority stockholder in 1950, offered to purchase all the remaining…

2Cases cited19 opinions

  1. Wall v. United StatesCourt of Appeals for the Fourth Circuit · 1947
  2. Joseph R. Holsey and Eleanor T. Holsey v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1958
  3. Zenz v. QuinlivanCourt of Appeals for the Sixth Circuit · 1954
  4. Elizabeth N. B. Ferro v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1957
  5. Heman v. CommissionerUnited States Tax Court · 1959

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

3Cited by16 opinions

  1. Benjamin v. CommissionerUnited States Tax Court · 1976
  2. James M. Pierce Corp. v. CommissionerUnited States Tax Court · 1962
  3. Bennett v. CommissionerUnited States Tax Court · 1972
  4. Estate of Runnels v. CommissionerUnited States Tax Court · 1970
  5. Bunton v. CommissionerUnited States Tax Court · 1968

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

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