Legal Opinion

Moughon v. Commissioner

United States Tax Court

Decided January 29, 1963No. Docket Nos. 88838, 88847, 88848Unpublished

Held, that certain instruments denominated "debentures" issued by the corporate petitioner to the individual petitioners, in proportion to their stock holdings, in exchange for the goodwill and other intangible assets of a partnership business did not represent "indebtedness" within the meaning of section 163(a) of the Internal Revenue Code of 1954, that the corporation is not entitled to deductions of purported "interest" thereon, and that amounts paid to the individual…

Read the full summary

Held, that certain instruments denominated "debentures" issued by the corporate petitioner to the individual petitioners, in proportion to their stock holdings, in exchange for the goodwill and other intangible assets of a partnership business did not represent "indebtedness" within the meaning of section 163(a) of the Internal Revenue Code of 1954, that the corporation is not entitled to deductions of purported "interest" thereon, and that amounts paid to the individual petitioners upon the retirement of some of such instruments constituted taxable dividends to them.

1Opinion of the Court

Morris Moughon and Virginia Moughon v. Commissioner. Martin A. Hayes & Co., Inc. v. Commissioner. Hubert C. Cunningham v. Commissioner.

Moughon v. Commissioner

Docket Nos. 88838, 88847, 88848.

United States Tax Court

T.C. Memo 1963-25; 1963 Tax Ct. Memo LEXIS 319; 22 T.C.M. (CCH) 94; T.C.M. (RIA) 63025;

January 29, 1963

Held, that certain instruments denominated "debentures" issued by the corporate petitioner to the individual petitioners, in proportion to their stock holdings, in exchange for the goodwill and other intangible assets of a partnership business did not represent "indebtedness" within…

2Cases cited17 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
  3. Knetsch v. United StatesSupreme Court of the United States · 1960
  4. Old Colony Railroad v. CommissionerSupreme Court of the United States · 1932
  5. John Kelley Co. v. CommissionerSupreme Court of the United States · 1946

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API