Legal Opinion

Dillard Paper Co. v. Commissioner

United States Tax Court

Decided June 17, 1964No. Docket No. 2804-62PublishedCited by 3 opinions

Held, long-term capital loss in the amount of $ 12,918.87 realized upon the transfer of securities by petitioner to the fiduciary of its employees' profit-sharing trust as its contribution under its profit-sharing plan is not deductible by reason of section 267 of the Internal Revenue Code of 1954.

1Opinion of the Court

OPINION

Bruce, Judge:

Respondent determined a deficiency in the income tax of petitioner for the taxable year 1958 in the amount of $1,735.65. The sole issue is whether petitioner is entitled to a deduction ás a long-term capital loss in the amount of $12,918.87 resulting from its transfer of securities to the fiduciary of its profit-sharing trust in payment of its contribution thereto.

All of the facts are stipulated and are found accordingly.

Petitioner is a corporation organized under the laws of the State of North Carolina with its principal place of business in Greensboro, N.C., and is…

2Cases cited3 opinions

  1. United States v. General Shoe CorporationCourt of Appeals for the Sixth Circuit · 1960
  2. Radom & Neidorff, Inc. v. United StatesUnited States Court of Claims · 1960
  3. Hydro Molding Co. v. CommissionerUnited States Tax Court · 1962

3Cited by3 opinions

  1. Dillard Paper Company v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1965
  2. Hickman v. CommissionerUnited States Tax Court · 1972
  3. Dillard Paper Co. v. CommissionerUnited States Tax Court · 1964

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