Legal Opinion

Krauss v. United States

Court of Appeals for the Fifth Circuit

Decided February 17, 1944No. 10852, 10853PublishedCited by 13 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

Claiming overpayment of gift taxes in respect of gifts in 1936 and 1937 of shares of Class A stock in the Krauss Company, Ltd., appellants sued for their refund. The refunds denied, appellants are here putting forward the same contention they made below, that the value for gift tax purposes of the shares donated was their value in the hands of the donors; that that value was fixed by the charter at sixty percent of the book value; and that the commissioner, in ascribing more than that value to the shares, and the court, in denying the refunds, erred.

In an opinion, 1…

2Cases cited5 opinions

  1. Helvering v. TaylorSupreme Court of the United States · 1935
  2. Helvering v. SalvageSupreme Court of the United States · 1936
  3. Lomb v. SugdenCourt of Appeals for the Second Circuit · 1936
  4. Fostoria Glass Co. v. YokeDistrict Court, N.D. West Virginia · 1942
  5. Krauss v. United StatesDistrict Court, E.D. Louisiana · 1943

3Cited by13 opinions

  1. Estate of Reynolds v. CommissionerUnited States Tax Court · 1970
  2. Estate of True v. CommissionerCourt of Appeals for the Tenth Circuit · 2004
  3. Rushton v. CommissionerCourt of Appeals for the Fifth Circuit · 1974
  4. Commissioner of Internal Revenue v. McCannCourt of Appeals for the Second Circuit · 1944
  5. Spitzer v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1946

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