Legal Opinion

Peabody Hotel Co. v. Commissioner

United States Tax Court

Decided August 19, 1946No. Docket No. 230PublishedCited by 1 opinion

Pursuant to a plan of reorganization adopted under a section 77-B Bankruptcy Act proceeding, the insolvent debtor corporation's property was transferred to two new corporations. Approximately 13 per cent of such property (as it existed prior to such transfers) was transferred to one new corporation in recognition of the full priority rights of one class of bondholders secured by such property.

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Pursuant to a plan of reorganization adopted under a section 77-B Bankruptcy Act proceeding, the insolvent debtor corporation's property was transferred to two new corporations. Approximately 13 per cent of such property (as it existed prior to such transfers) was transferred to one new corporation in recognition of the full priority rights of one class of bondholders secured by such property. The other new corporation, petitioner, acquired all of the insolvent debtor's property to which the latter's general creditors and the other classes of bondholders could look for payment of their…

1Opinion of the Court

OPINION.

Tyson, Judge:

The question presented involves primarily a redeter-mination of the petitioner’s basis of the property acquired by it upon its organization in 1934. More specifically stated, the question is whether the basis in the hands of petitioner is (a) the cost to it of the property as determined by respondent, or, as contended by petitioner, (b) the same basis for such property in petitioner’s hands as it would have in the hands of the Memphis Hotel Co. because acquired pursuant to a nontaxable reorganization or exchange. By stipulation the parties have concluded the issues…

2Cases cited4 opinions

  1. Helvering v. Alabama Asphaltic Limestone Co.Supreme Court of the United States · 1942
  2. Helvering v. Cement Investors, Inc.Supreme Court of the United States · 1942
  3. Southland Ice Co. v. CommissionerUnited States Tax Court · 1945
  4. Four Twelve West Sixth Co. v. CommissionerUnited States Tax Court · 1946

3Cited by1 opinion

  1. Peabody Hotel Co. v. CommissionerUnited States Tax Court · 1946

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