Legal Opinion

Busche v. Commissioner

United States Tax Court

Decided January 26, 1955No. Docket No. 39351Published

Petitioner and his partner transferred the partnership business and assets to a corporation which they controlled and then liquidated the partnership. Held, deduction of any loss sustained by petitioner upon the transaction is prohibited by section 24 (b) (1) (B) of the Internal Revenue Code of 1939.

1Opinion of the Court

Fritz Busche, Petitioner, v. Commissioner of Internal Revenue, Respondent

Busche v. Commissioner

Docket No. 39351

United States Tax Court

23 T.C. 709; 1955 U.S. Tax Ct. LEXIS 260;

January 26, 1955, Filed

Decision will be entered for the respondent.

Petitioner and his partner transferred the partnership business and assets to a corporation which they controlled and then liquidated the partnership. Held, deduction of any loss sustained by petitioner upon the transaction is prohibited by section 24 (b) (1) (B) of the Internal Revenue Code of 1939.

Harold E. Smith, Esq., for the petitioner.

Henry F. Day,…

Also in this document: Dissent.

2Cases cited5 opinions

  1. Commissioner of Internal Revenue v. WhitneyCourt of Appeals for the Second Circuit · 1948
  2. Randolph Products Co. v. ManningCourt of Appeals for the Third Circuit · 1949
  3. Western Transmission Corp. v. CommissionerUnited States Tax Court · 1952
  4. Walnut Street Co. v. GlennDistrict Court, W.D. Kentucky · 1948
  5. Busche v. CommissionerUnited States Tax Court · 1955

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