Legal Opinion

Marshall v. Commissioner

United States Tax Court

Decided September 11, 1953No. Docket Nos. 36433, 36434, 39944Published

Amounts received by former shareholder for transfer of stock pursuant to agreement requiring surrender of all stock holdings upon retirement from active employment held, on facts, proceeds of sale of capital assets so as to permit full recovery of basis prior to taxation of any further receipts as capital gains, even though sale price was measured by contingent future dividends. Burnet v. Logan, 283 U.S. 404, followed.

1Opinion of the Court

Estate of Raymond T. Marshall, Deceased, Ann M. Cronin and Hazel Lockwood, Executrices, et al., 1 Petitioners, v. Commissioner of Internal Revenue, Respondent

Marshall v. Commissioner

Docket Nos. 36433, 36434, 39944

United States Tax Court

20 T.C. 979; 1953 U.S. Tax Ct. LEXIS 70;

September 11, 1953, Promulgated

Decisions will be entered under Rule 50.

Amounts received by former shareholder for transfer of stock pursuant to agreement requiring surrender of all stock holdings upon retirement from active employment held, on facts, proceeds of sale of capital assets so as to permit full recovery of…

2Cases cited5 opinions

  1. Burnet v. LoganSupreme Court of the United States · 1931
  2. McAllister v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1946
  3. Bell's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1943
  4. Nordberg Mfg. Co. v. KuhlCourt of Appeals for the Seventh Circuit · 1948
  5. Marshall v. CommissionerUnited States Tax Court · 1953

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