Legal Opinion

Crow-Burlingame Co. v. Commissioner

United States Tax Court

Decided January 22, 1976No. Docket Nos. 3132-74, 3133-74, 3134-74, 3135-74, 3136-74, 3137-74, 3138-74, 3139-74, 3140-74, 3141-74, 3142-74PublishedCited by 2 opinions

Held: Stock which was sold to the employees of subsidiary corporations subject to a repurchase option was "excluded stock" within the meaning of sec. 1563(c)(2)(A)(iii), I.R.C. 1954. The repurchase option favored the parent corporation indirectly even though a third corporation, owned principally by employees of the parent and the subsidiaries, was formally designated as the optionee.

1Opinion of the Court

OPINION

Section 1561(a)(1)4 provides that if a group of corporations constitutes a “controlled group of corporations” on a December 31, the component members of the group for the taxable year in which that date falls are entitled to a single surtax exemption, divided among them equally or in accordance with an approved apportionment plan. Under section 1562,5 however, a “controlled group of corporations” may elect each to enjoy a $25,000 surtax exemption, but a penalty is extracted in the form of an increase in the surtax rate in return for this privilege. For prior years, petitioners made…

2Cases cited2 opinions

  1. Barton Naphtha Co. v. CommissionerUnited States Tax Court · 1971
  2. Mid-America Industries, Inc., a Delaware Corporation v. United StatesCourt of Appeals for the Eighth Circuit · 1973

3Cited by2 opinions

  1. Crow-Burlingame Co. v. CommissionerUnited States Tax Court · 1976
  2. Wilson Plywood & Door, Inc. v. CommissionerUnited States Tax Court · 1980

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