Legal Opinion

Burrus Mills, Inc. v. Commissioner

United States Tax Court

Decided July 14, 1954No. Docket No. 35296Published

Income -- Corporation Dealing in Its Own Shares. -- A corporation sold shares of its own stock, which it had acquired from former stockholders as part consideration in sale of a flour mill and which were held in its treasury, to corporate employees under an employee stock purchase plan.

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Income -- Corporation Dealing in Its Own Shares. -- A corporation sold shares of its own stock, which it had acquired from former stockholders as part consideration in sale of a flour mill and which were held in its treasury, to corporate employees under an employee stock purchase plan. Held, the corporation realized taxable gain under Regulations 111, section 29.22(a)-15. Commissioner v. Batten, Barton, Durstine & Osborn, Inc., 171 F. 2d 474, reversing 9 T. C. 448; Commissioner v. Rollins Burdick Hunter Co., 174 F. 2d 698, reversing 9 T. C. 169; Commissioner v. H. W. Porter & Co., 187 F. 2d…

1Opinion of the Court

Burrus Mills, Incorporated, Petitioner, v. Commissioner of Internal Revenue, Respondent

Burrus Mills, Inc. v. Commissioner

Docket No. 35296

United States Tax Court

22 T.C. 881; 1954 U.S. Tax Ct. LEXIS 143;

July 14, 1954, Filed July 14, 1954, Filed

Decision will be entered under Rule 50.

Income -- Corporation Dealing in Its Own Shares. -- A corporation sold shares of its own stock, which it had acquired from former stockholders as part consideration in sale of a flour mill and which were held in its treasury, to corporate employees under an employee stock purchase plan. Held, the corporation realized…

2Cases cited6 opinions

  1. Commissioner v. Batten, Barton, Durstine & Osborn, Inc.Court of Appeals for the Second Circuit · 1948
  2. Commissioner of Internal Revenue v. Rollins Burdick Hunter Co.Court of Appeals for the Seventh Circuit · 1949
  3. Commissioner of Internal Revenue v. H. W. Porter & Co., Inc.Court of Appeals for the Third Circuit · 1951
  4. Rollins Burdick Hunter Co. v. CommissionerUnited States Tax Court · 1947
  5. Batten, Barton, Durstine & Osborn, Inc. v. CommissionerUnited States Tax Court · 1947

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