Legal Opinion
Estate of Parshelsky v. Commissioner
Court of Appeals for the Second Circuit
Decided May 3, 1962No. 9, Docket 26851PublishedCited by 16 opinions
1Opinion of the Court
LUMBARD, Chief Judge.
The principal question to be decided is whether the distribution by a corporation to its sole shareholder of the shares of a newly organized subsidiary constituted a taxable dividend under § 115 (a) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 115(a), or a tax-free-spin-off reorganization within § 112(b) (11) of the Code, 26 U.S.C.A. § 112(b) (11).1 The Tax Court held that there was no business purpose for the exchange and thus the exchange was used principally as device for the distribution of earnings. 34 T.C. 946 (1960). We think that the Tax Court’s inquiry…
2Cases cited34 opinions
- Gregory v. HelveringSupreme Court of the United States · 1935
- Commissioner v. DubersteinSupreme Court of the United States · 1960
- Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
- Bazley v. CommissionerSupreme Court of the United States · 1947
- Carl E. Weller and Emily I. Weller v. Commissioner of Internal Revenue, W. Stuart Emmons v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1959
29 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Naftel v. CommissionerUnited States Tax Court · 1985
- George B. Rosenfeld and Harriet Rosenfeld v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1983
- Lomas Santa Fe, Inc. v. CommissionerUnited States Tax Court · 1980
- Rafferty v. CommissionerUnited States Tax Court · 1970
- Hanson v. United StatesDistrict Court, D. Montana · 1971
11 more not listed; retrieve them via the Exa API.