Legal Opinion

MacY v. Helvering

Court of Appeals for the Second Circuit

Decided February 17, 1936No. 46PublishedCited by 7 opinions

1Opinion of the Court

AUGUSTUS N. HAND, Circuit Judge.

The question raised upon this petition to review the Board of Tax Appeals is whether any part of profits realized from sales of stock which was acquired through the exercise cf rights to subscribe therefor is taxable under section 101 of the Revenue Act of 1928 (26 U.S.C.A. § 101 note) at the rate of 12½ per cent, as capital net gain, where the stock was sold less than two years after the rights were exercised though more than two years after the stock on which the rights were issued was acquired.

The testator, V. Everit Macy, acquired 1,350 shares of stock of…

2Cases cited8 opinions

  1. Towne v. EisnerSupreme Court of the United States · 1918
  2. Helvering v. New York Trust Co.Supreme Court of the United States · 1934
  3. Miles v. Safe Deposit & Trust Co. of BaltimoreSupreme Court of the United States · 1922
  4. Hyde v. HolmesMassachusetts Supreme Judicial Court · 1908
  5. Dunigan v. BurnetCourt of Appeals for the D.C. Circuit · 1933

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3Cited by7 opinions

  1. Shaw v. DreyfusCourt of Appeals for the Second Circuit · 1949
  2. Rogers v. HelveringCourt of Appeals for the Second Circuit · 1939
  3. Insull v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1937
  4. Shaw v. DreyfusDistrict Court, S.D. New York · 1948
  5. Leach v. Ross Heater & Mfg. Co.Court of Appeals for the Second Circuit · 1939

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

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