Legal Opinion

Alexander v. Commissioner

United States Tax Court

Decided November 26, 1973No. Docket Nos. 7389-70, 7668-70, 7669-70PublishedCited by 19 opinions

In October 1966, X, a corporation, sold its assets to Z for cash and other consideration, including an agreement by Z to pay all of X's income tax liabilities. Most of the cash proceeds of the sale were distributed to A, and X was liquidated.

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In October 1966, X, a corporation, sold its assets to Z for cash and other consideration, including an agreement by Z to pay all of X's income tax liabilities. Most of the cash proceeds of the sale were distributed to A, and X was liquidated. Held: 1. A did not receive a liquidating distribution from X in 1966, within the meaning of sec. 331, I.R.C. 1954, in the form of the cancellation of indebtedness on an open account in the amount of $ 149,602; 2. A realized income in the amount of $ 42,500, under sec. 61, I.R.C. 1954, upon the receipt of that amount from Z pursuant to an agreement…

1Opinion of the Court

FeatheRSTON, Judge:

These proceedings involve deficiencies in individual income taxes and transferee liabilities for corporate income taxes determined by respondent as follows:

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For convenience, Morris Alexander will be referred to herein as petitioner, Perma-Line Midwest Corp. as Midwest, and Perma-Line Corp. of America as Perma-Line.

The following issues are presented for decision:(1) Whether petitioner’s liability of $149,602 on an open account with Perma-Line was canceled in connection with the liquidation of that corporation so that the amount of the account is taxable to him…

2Cases cited31 opinions

  1. Commissioner v. SternSupreme Court of the United States · 1958
  2. Mysse v. CommissionerUnited States Tax Court · 1972
  3. William O'Dwyer and Sloan O'Dwyer v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1959
  4. O'Dwyer v. CommissionerUnited States Tax Court · 1957
  5. Scott v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1941

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

3Cited by19 opinions

  1. Brannon's of Shawnee, Inc. v. CommissionerUnited States Tax Court · 1978
  2. Merriam v. CommissionerUnited States Tax Court · 1995
  3. Illinois Masonic Home v. CommissionerUnited States Tax Court · 1989
  4. Boomershine v. CommissionerUnited States Tax Court · 1987
  5. Cullifer v. Comm'rUnited States Tax Court · 2014

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

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