Legal Opinion

Robeson v. Commissioner

United States Board of Tax Appeals

Decided November 22, 1929No. Docket Nos. 22126, 26267-26269Published

Where a corporation organized on January 1, 1923, pays a dividend on May 22, 1923, in excess of the amount of its earnings to that date, to the extent of the excess the stockholders have not received dividends within the meaning of section 201(a) of the Revenue Act of 1921, and this excess should be applied in accordance with section 201(c). This is so regardless of the fact that the corporation resulted from the consolidation of two predecessor corporations thereafter…

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Where a corporation organized on January 1, 1923, pays a dividend on May 22, 1923, in excess of the amount of its earnings to that date, to the extent of the excess the stockholders have not received dividends within the meaning of section 201(a) of the Revenue Act of 1921, and this excess should be applied in accordance with section 201(c). This is so regardless of the fact that the corporation resulted from the consolidation of two predecessor corporations thereafter dissolved, which had earnings accumulated since February 28, 1913, more than sufficient to pay this balance of the dividend.

1Opinion of the Court

IRVING S. ROBESON, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

GEORGE W. ROBESON, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

EMMA H. ROBESON, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

ROBERT H. ROBESON, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Robeson v. Commissioner

Docket Nos. 22126, 26267-26269.

United States Board of Tax Appeals

18 B.T.A. 323; 1929 BTA LEXIS 2075;

November 22, 1929, Promulgated

Where a corporation organized on January 1, 1923, pays a dividend on May 22, 1923, in excess of the amount of its earnings to that…

2Cases cited1 opinion

  1. Robeson v. CommissionerUnited States Board of Tax Appeals · 1929

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