Legal Opinion

Strake Trust v. Commissioner

United States Tax Court

Decided May 18, 1943No. Docket Nos. 109725, 109726, 109727PublishedCited by 20 opinions

Petitioners, as stockholders, purchased stock from the corporation for $ 35.52 per share less than the agreed fair market value thereof, pursuant to a directors' resolution, with the knowledge and consent of the other stockholders. Held, that under the facts herein the difference between the fair market value and the purchase price was in effect a distribution of corporate earnings and profits taxable as a dividend.

1Opinion of the Court

OPINION.

Arnold, Judge:

Each of these proceedings, consolidated for hearing and decision, involves'an income tax deficiency for 1939 of $2,-645.05. The question presented is whether $10,655 should be included in the income of each petitioner as a distribution of earnings and profits taxable as a dividend because they purchased stock from a corporation in which they were shareholders for $10,655 less than the fair market value thereof.

The facts were stipulated as follows:

I

Petitioners are irrevocable trust estates created by three instruments dated September 1, 1935, executed by George William…

2Cases cited2 opinions

  1. Manhattan General Equipment Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
  2. Palmer v. CommissionerSupreme Court of the United States · 1937

3Cited by20 opinions

  1. Riss v. CommissionerUnited States Tax Court · 1971
  2. Dellinger v. CommissionerUnited States Tax Court · 1959
  3. Stanley v. Waldheim v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Helen W. BienenstokCourt of Appeals for the Seventh Circuit · 1957
  4. Haag v. CommissionerUnited States Tax Court · 1963
  5. Hearst Corp. v. CommissionerUnited States Tax Court · 1950

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