Weaver v. Commissioner of Internal Revenue

WILBUR, Circuit Judge.

Petitioner seeks to review a decision of the Board of Tax Appeals affirming the determination of an income tax upon property received by petitioner as a stockholder of the Chester N. Weaver Company. The facts are stipulated and the principal issue in the case is whether or not the money so paid was the repayment of a loan or was a dividend. The stipulated facts are, in part, as follows:

“The above named corporation [Chester N. Weaver Company] was organized in the year 1914, with a subscribed capital stock in the sum of $200,000.

“The stockholders of the corporation in…