McLain v. Commissioner
United States Tax Court
Rule 121, Tax Court Rules of Practice and Procedure. -- For purposes only of their motion for summary judgment, petitioners concede that certain shares of stock standing in the name of their attorney were, in fact, beneficially owned by them. The beneficial ownership of such shares remains for adjudication, however, in a related case, the outcome of which will be predicated upon such ownership.
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Rule 121, Tax Court Rules of Practice and Procedure. -- For purposes only of their motion for summary judgment, petitioners concede that certain shares of stock standing in the name of their attorney were, in fact, beneficially owned by them. The beneficial ownership of such shares remains for adjudication, however, in a related case, the outcome of which will be predicated upon such ownership. The issue in the related case, Bunte Candies, Inc., docket No. 4882-76, arose out of the same series of transactions involved in the instant case and, although no motion for consolidation for trial has…
1Opinion of the Court
OPINION
Goffe, Judge:
On November 18, 1976, petitioners filed a motion for summary judgment under Rule 121, Tax Court Rules of Practice and Procedure. Respondent filed a notice of objection, petitioners filed a response thereto, and the matter was argued before the Court in Oklahoma City on December 14, 1976. At that time the Court directed the parties to file memoranda briefs which petitioners and respondent filed on January 7, 1977, and January 13, 1977, respectively. The parties stipulated certain facts, some with qualification which will be described in detail in a subsequent portion of…
2Cases cited9 opinions
- Begnaud v. WhiteCourt of Appeals for the Sixth Circuit · 1948
- American Fidelity and Casualty Company, Inc. v. The London and Edinburgh Insurance Company, Limited, and the Dominion Insurance Company, LimitedCourt of Appeals for the Fourth Circuit · 1965
- Hoeme v. CommissionerUnited States Tax Court · 1974
- Broderick Wood Products Co. v. United StatesCourt of Appeals for the Tenth Circuit · 1952
- Nafco Oil and Gas, Inc., a Corporation v. Nathan ApplemanCourt of Appeals for the Tenth Circuit · 1967
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Jacklin v. CommissionerUnited States Tax Court · 1982
- Odend'hal v. CommissionerUnited States Tax Court · 1980
- Graf v. CommissionerUnited States Tax Court · 1983
- Fox v. CommissionerUnited States Tax Court · 1988
- Graf v. CommissionerUnited States Tax Court · 1983
7 more not listed; retrieve them via the Exa API.