Legal Opinion

Roe v. Commissioner

United States Tax Court

Decided October 16, 1950No. Docket Nos. 16358, 16359, 16360, 16361, 16362, 16442, 16443, 16489Published

1. Distribution by A Corporation to its sole stockholder, B Corporation, out of realized pre-1913 appreciation, which exceeded B Corporation's basis in A Corporation's stock held taxable when redistributed by Corporation B to its stockholders.

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1. Distribution by A Corporation to its sole stockholder, B Corporation, out of realized pre-1913 appreciation, which exceeded B Corporation's basis in A Corporation's stock held taxable when redistributed by Corporation B to its stockholders. Internal Revenue Code Section 115 (1). 2. Distributions to shareholders in 1943 and 1945, in which years the corporation had adequate net income to support such distribution, held taxable as dividends under section 115 (b), Internal Revenue Code, notwithstanding outstanding stockholders' "accounts payable" reflecting previously declared but unpaid…

1Opinion of the Court

Mabel C. Roe, et al., 1 Petitioners, v. Commissioner of Internal Revenue, Respondent

Roe v. Commissioner

Docket Nos. 16358, 16359, 16360, 16361, 16362, 16442, 16443, 16489

United States Tax Court

15 T.C. 503; 1950 U.S. Tax Ct. LEXIS 63;

October 16, 1950, Promulgated

Decisions will be entered under Rule 50.

1. Distribution by A Corporation to its sole stockholder, B Corporation, out of realized pre-1913 appreciation, which exceeded B Corporation's basis in A Corporation's stock held taxable when redistributed by Corporation B to its stockholders. Internal Revenue Code Section 115 (1).

2. Distributions…

2Cases cited4 opinions

  1. Lynch v. HornbySupreme Court of the United States · 1918
  2. Goldwyn v. CommissionerUnited States Tax Court · 1947
  3. Blauvelt v. CommissionerUnited States Tax Court · 1944
  4. Roe v. CommissionerUnited States Tax Court · 1950

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