Legal Opinion

Annis Furs, Inc. v. Commissioner

United States Tax Court

Decided November 30, 1943No. Docket No. 722PublishedCited by 10 opinions

The receipt in 1939 by nonresident alien shareholders of a corporation's 6 percent debentures in a nontaxable (section 112 (b) (3)) recapitalization (section 112 (g) (1) (E)) in exchange for their 6 1/2 percent preferred shares held not essentially equivalent to a dividend taxable under section 115 (g), Internal Revenue Code.

1Opinion of the Court

OPINION.

Sternhagen, Judge:

The Commissioner determined a deficiency of $10,562.78 in withholding income tax for 1939, holding that the exchange in 1939 by petitioner’s preferred shareholders of preferred shares for its debentures was taxable to them as a dividend to the extent of earnings and profits. The petitioner contends that such exchange was a recapitalization pursuant to a plan of reorganization, gain from which is not recognized. The facts are stipulated.

The petitioner is a Delaware corporation with its principal office in Detroit, Michigan. It there filed for 1939 an “Annual Return of…

2Cases cited3 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. BERETTA v. COMMISSIONERUnited States Tax Court · 1942
  3. De Nobili Cigar Co. v. CommissionerUnited States Tax Court · 1943

3Cited by10 opinions

  1. Bazley v. CommissionerUnited States Tax Court · 1945
  2. Penfield v. DavisDistrict Court, N.D. Alabama · 1952
  3. Adams v. CommissionerUnited States Tax Court · 1945
  4. Adams v. CommissionerUnited States Tax Court · 1945
  5. Adams v. CommissionerUnited States Tax Court · 1945

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API