Legal Opinion

Jean C. Tyler and Dolly Ann Tyler v. Laurie W. Tomlinson, District Director of Internal Revenue

Court of Appeals for the Fifth Circuit

Decided July 29, 1969No. 25896PublishedCited by 82 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

This is another debt-equity case. We are asked once again to determine whether funds advanced to a corporation by its shareholders may be treated as Internal Revenue Code indebtedness for purposes of interest deductions, 26 U.S.C.A. § 163, 1 or whether such funds are more properly considered contributions to capital and the deductions based thereon disallowed.

We begin with the year 1959 when brothers Neal and Jean Tyler operated a partnership that distributed Schlitz beer in .several northern Florida counties. In April of that year the Tyler brothers formed a…

2Cases cited22 opinions

John Kelley Co. v. CommissionerSupreme Court of the United States · 1946
John v. Rowan v. United StatesCourt of Appeals for the Fifth Circuit · 1955
Kraft Foods Company v. Commissioner of Internal Revenue, (Two Cases)Court of Appeals for the Second Circuit · 1956
Commissioner of Int. Rev. v. Meridian & Thirteenth R. Co.Court of Appeals for the Seventh Circuit · 1942
United States v. Simon W. Henderson, Jr., Independent for the Estate of Louise R. Henderson, DeceasedCourt of Appeals for the Fifth Circuit · 1967

17 more not listed; retrieve them via the Exa API.

3Cited by82 opinions

Estate of Travis Mixon, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1972
Dixie Dairies Corp. v. CommissionerUnited States Tax Court · 1980
Alterman Foods, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1975
In the Matter of Uneco, Inc., Bankrupt. United States of America v. Uneco, Inc.Court of Appeals for the Eighth Circuit · 1976
In Re James A. Lane, Bankrupt. Frances B. Lane and James M. Gaines, as Trustee of the Bankrupt Estate of James A. Lane v. United StatesCourt of Appeals for the Eleventh Circuit · 1984

77 more not listed; retrieve them via the Exa API.