Legal Opinion

Midwood Associates, Inc. v. Commissioner of Internal Revenue

Court of Appeals for the Second Circuit

Decided December 2, 1940No. 45PublishedCited by 9 opinions

1Opinion of the Court

SWAN, Circuit Judge.

This appeal presents but a single issue: whether under the circumstances hereafter to be stated the petitioner received taxable income for the year 1934 by reason of rents paid under a lease made by the petitioner as lessor. The facts were stipulated.

The petitioner is a New York corporation whose business is buying, selling and renting real estate. Its stock was originally owned in equal parts by three men, who were also its only directors and officers. One of them died in 1925 and was succeeded by his wife as stockholder, director and officer. There have been no other…

2Cases cited11 opinions

  1. Helvering v. HorstSupreme Court of the United States · 1940
  2. Helvering v. EubankSupreme Court of the United States · 1941
  3. Helvering v. F. & R. Lazarus & Co.Supreme Court of the United States · 1939
  4. Commissioner of Internal Revenue v. BoeingCourt of Appeals for the Ninth Circuit · 1939
  5. Chicago, Milwaukee & St. Paul Railway Co. v. Des Moines Union Railway Co.Supreme Court of the United States · 1920

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

3Cited by9 opinions

  1. Commissioner of Internal Revenue v. BuckCourt of Appeals for the Second Circuit · 1941
  2. Stokes v. United StatesCourt of Appeals for the Second Circuit · 1944
  3. Galt v. CommissionerUnited States Tax Court · 1953
  4. Lum v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1945
  5. Regals Realty Co. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1942

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

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