Legal Opinion

Pierce Estates, Inc. v. Commissioner

United States Tax Court

Decided May 14, 1951No. Docket No. 26834PublishedCited by 21 opinions

Petitioner, on an accrual basis, issued 30-year 6 per cent income debenture notes to its stockholders. Interest was cumulative and dependent on income. Held, said notes constituted a liability of petitioner and interest paid thereon is deductible but only in the amount due during the taxable year.

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Petitioner, on an accrual basis, issued 30-year 6 per cent income debenture notes to its stockholders. Interest was cumulative and dependent on income. Held, said notes constituted a liability of petitioner and interest paid thereon is deductible but only in the amount due during the taxable year. Held, further, cost of grading a railroad siding and of patching a roof were properly deductible as business expenses for the taxable year, but the cost of replacing a roof was a capital expenditure.

1Opinion of the Court

OPINION.

Rice, Judge:

The first issue is whether certain payments by petitioner corporation represented payments of interest or of dividends. This in turn is dependent upon whether certain securities were a form of indebtedness or were stock. If the payments were interest payments they are deductible by petitioner under section 23 (b) of the Internal Revenue Code, which provides:

SEC. 23. DEDUCTIONS FROM GROSS INCOME.

In computing net income there shall be allowed as deductions:

**»»*«*(b). Interest. — All interest paid or accrued within the taxable year on indebtedness, except * * *.

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2Cases cited9 opinions

  1. United States v. AndersonSupreme Court of the United States · 1926
  2. John Kelley Co. v. CommissionerSupreme Court of the United States · 1946
  3. American National Co. v. United StatesSupreme Court of the United States · 1927
  4. Helvering v. Richmond, F. & P. R. Co.Court of Appeals for the Fourth Circuit · 1937
  5. Mullin Bldg. Corp. v. CommissionerUnited States Tax Court · 1947

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

3Cited by21 opinions

  1. Denver & R. G. W. R. Co. v. CommissionerUnited States Tax Court · 1959
  2. Pierce Estates, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1952
  3. Portage Plastics Company v. United StatesDistrict Court, W.D. Wisconsin · 1969
  4. Southeastern Mail Transport, Inc. v. CommissionerUnited States Tax Court · 1992
  5. Badger Pipe Line Co. v. CommissionerUnited States Tax Court · 1997

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

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