Kaufmann v. Commissioner
United States Tax Court
Sale of apartment house to which petitioner held title during negotiations by its president, who was not a stockholder, held to have been made by petitioner, and not by its stockholders after liquidation, resulting in gain taxable to petitioner. Commissioner v. Court Holding Co., 324 U.S. 331; Fairfield Steamship Corporation, 5 T. C. 566, followed.
1Opinion of the Court
OPINION.
Offer. Judge :•
That this proceeding comes within the purview, and is governed by the principle, of Commissioner v. Court Holding Co.. 324 U. S. 331, seems to us demonstrated by Fairfield Steamship Corporation., 5 T. C. 566. Not only the prevailing opinion, but that of the dissent, makes this clear.
The rationale of that case was that “the sale effected was in substance that which had been arranged while [petitioner] * * * held title” to the property (page 573). The record here shows that Hyman, who carried on all negotiations for the seller,1 was president of the corporation; he was…
2Cases cited6 opinions
- Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
- Acampo Winery & Distilleries, Inc. v. CommissionerUnited States Tax Court · 1946
- Hardin v. Morgan Lithograph Co.New York Court of Appeals · 1928
- Howell Turpentine Co. v. CommissionerUnited States Tax Court · 1946
- Fairfield Steamship Corp. v. CommissionerUnited States Tax Court · 1945
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Martin Ice Cream Co. v. Comm'rUnited States Tax Court · 1998
- Abbott v. CommissionerUnited States Tax Court · 1957
- Riss & Co. v. CommissionerUnited States Tax Court · 1964
- West Coast Sec. Co. v. CommissionerUnited States Tax Court · 1950
- Gensinger v. CommissionerUnited States Tax Court · 1952
21 more not listed; retrieve them via the Exa API.