Legal Opinion

Hayden v. Commissioner

United States Tax Court

Decided September 30, 1969No. Docket Nos. 6177-66, 6178-66, 6179-66, 6180-66Published

Held: 1. That the plan adopted by Spectacular Shows, Inc., on May 21, 1960, meets all the requirements of sec. 1244(c)(1)(A), I.R.C. 1954, and regulations thereto. 2. That the preincorporation subscriptions of petitioners were accepted on May 19, 1960, the date of incorporation, and the stock therefrom, accordingly, did not issue pursuant to the adopted plan of May 21, 1960. 3. The first 5,000 shares of stock paid for after the adoption of the plan, 5,000 shares being the…

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Held: 1. That the plan adopted by Spectacular Shows, Inc., on May 21, 1960, meets all the requirements of sec. 1244(c)(1)(A), I.R.C. 1954, and regulations thereto. 2. That the preincorporation subscriptions of petitioners were accepted on May 19, 1960, the date of incorporation, and the stock therefrom, accordingly, did not issue pursuant to the adopted plan of May 21, 1960. 3. The first 5,000 shares of stock paid for after the adoption of the plan, 5,000 shares being the maximum limit thereunder, were issued pursuant to such plan and qualify for ordinary-loss treatment under sec. 1244. 4.…

1Opinion of the Court

William O. Hayden and Wilda Joy Hayden, et al., 1 Petitioners v. Commissioner of Internal Revenue, Respondent

Hayden v. Commissioner

Docket Nos. 6177-66, 6178-66, 6179-66, 6180-66

United States Tax Court

52 T.C. 1112; 1969 U.S. Tax Ct. LEXIS 50;

September 30, 1969, Filed

Decisions will be entered under Rule 50.

Held: 1. That the plan adopted by Spectacular Shows, Inc., on May 21, 1960, meets all the requirements of sec. 1244(c)(1)(A), I.R.C. 1954, and regulations thereto.

2. That the preincorporation subscriptions of petitioners were accepted on May 19, 1960, the date of incorporation, and the stock…

2Cases cited9 opinions

  1. Morgan v. CommissionerUnited States Tax Court · 1966
  2. Godart v. CommissionerUnited States Tax Court · 1969
  3. Spiegel v. CommissionerUnited States Tax Court · 1968
  4. Marsh v. CommissionerUnited States Tax Court · 1949
  5. Warner v. CommissionerUnited States Tax Court · 1967

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