Legal Opinion

Dittler Bros., Inc. v. Commissioner

United States Tax Court

Decided August 27, 1979No. Docket No. 5438-78TPublished

Action for declaratory judgment as to reasonableness of respondent's determination under sec. 7477(a), I.R.C. 1954. Petitioner received a final adverse determination letter from respondent stating that the transfer of cash and property to a foreign corporation in exchange for stock was in pursuance of a plan having as one of its principal purposes the avoidance of Federal income taxes in violation of sec. 367(a)(1), and sec. 2.02, Rev. Proc. 68-23, 1968-1 C.B. 821. Held, on…

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Action for declaratory judgment as to reasonableness of respondent's determination under sec. 7477(a), I.R.C. 1954. Petitioner received a final adverse determination letter from respondent stating that the transfer of cash and property to a foreign corporation in exchange for stock was in pursuance of a plan having as one of its principal purposes the avoidance of Federal income taxes in violation of sec. 367(a)(1), and sec. 2.02, Rev. Proc. 68-23, 1968-1 C.B. 821. Held, on the facts established by the administrative record and assumed to be true, respondent's determination was not reasonable.

1Opinion of the Court

Dittler Brothers, Incorporated, Petitioner v. Commissioner of Internal Revenue, Respondent

Dittler Bros., Inc. v. Commissioner

Docket No. 5438-78T

United States Tax Court

72 T.C. 896; 1979 U.S. Tax Ct. LEXIS 71;

August 27, 1979, Filed

Action for declaratory judgment as to reasonableness of respondent's determination under sec. 7477(a), I.R.C. 1954. Petitioner received a final adverse determination letter from respondent stating that the transfer of cash and property to a foreign corporation in exchange for stock was in pursuance of a plan having as one of its principal purposes the avoidance of…

Also in this document: Concurring in part, dissenting in part; Dissent · Dawson; Dissent · Tannenwald.

2Cases cited32 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  4. Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
  5. Camp v. PittsSupreme Court of the United States · 1973

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