Legal Opinion

America-Southeast Asia Co. v. Commissioner

United States Tax Court

Decided April 30, 1956No. Docket No. 51848PublishedCited by 27 opinions

In June and July 1949, petitioner corporation purchased burlap in India and borrowed pounds sterling from a bank to make payment. When it repaid the bank, the pound sterling had been devalued and petitioner realized a substantial gain. Held, the gain realized by petitioner is a gain arising directly out of its trade or business from the settlement of a debt incurred therein for less than its face amount and, hence, is taxable as ordinary income.

1Opinion of the Court

OPINION.

Rice, Judge:

This proceeding involves a deficiency in income tax for the year 1949 in the amount of $12,450.25.

The only issue is whether the gain realized by petitioner from the repayment of a debt owed in British pounds sterling, incurred in its trade or business, with devalued pounds sterling is taxable as ordinary income or as a short-term capital gain.

All of the facts were stipulated, are so found, and are incorporated herein by this reference.

Petitioner is a New York corporation with its principal place of business in the City of New York. It filed its corporate income tax return…

2Cases cited9 opinions

  1. Corn Products Refining Co. v. CommissionerSupreme Court of the United States · 1956
  2. United States v. Kirby Lumber CoSupreme Court of the United States · 1931
  3. Kaplan v. CommissionerUnited States Tax Court · 1953
  4. Reliable Incubator & Brooder Co. v. CommissionerUnited States Tax Court · 1946
  5. Willard Helburn, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1954

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

3Cited by27 opinions

  1. Levin v. CommissionerUnited States Tax Court · 1986
  2. American Air Filter Co. v. CommissionerUnited States Tax Court · 1983
  3. National-Standard Co. v. CommissionerUnited States Tax Court · 1983
  4. Hoover Co. v. CommissionerUnited States Tax Court · 1979
  5. Hollywood Baseball Ass'n v. CommissionerUnited States Tax Court · 1964

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

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