Legal Opinion

Lakeland Grocery Co. v. Commissioner

United States Board of Tax Appeals

Decided July 13, 1937No. Docket No. 83392PublishedCited by 32 opinions

The petitioner was insolvent but under a composition with creditors received from them a cancellation of their claims, after which the petitioner was solvent with net assets of $39,596.93 over and above all liabilities to creditors. Held, that the petitioner realized gain in the amount of the assets thereby freed from claims of creditors.

1Opinion of the Court

*290OPINION.

Harron:

The respondent made several adjustments of the taxpayer’s income for the taxable year 1933, but the only one in issue is his addition, to the petitioner’s income of $89,237.55 as “Profit arising from composition settlement.” This amount was determined by subtracting the total payment to creditors made in consideration of the composition, $15,472.61, from the total of debts which were canceled, $104,710.16. The petitioner claims that no “income” whatever was realized from the cancellation of indebtedness and the respondent, while contending that “income” was realized, concedes…

2Cases cited2 opinions

  1. United States v. Kirby Lumber CoSupreme Court of the United States · 1931
  2. Helvering v. American Chicle Co.Supreme Court of the United States · 1934

3Cited by32 opinions

  1. Danenberg v. CommissionerUnited States Tax Court · 1979
  2. Lutz & Schramm Co. v. CommissionerUnited States Tax Court · 1943
  3. Estate of Delman v. CommissionerUnited States Tax Court · 1979
  4. Merkel v. CommissionerUnited States Tax Court · 1997
  5. Gershkowitz v. CommissionerUnited States Tax Court · 1987

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