Legal Opinion

Wood v. Commissioner

United States Board of Tax Appeals

Decided February 9, 1934No. Docket No. 65211Published

1. Shares of stock purchased within two years of the date of sale thereof, although purchased under rights to subscribe received on stock held more than two years, are not "capital assets" within section 101(c)(8) of the Revenue Act of 1928. 2. A stock dividend received on stock purchased under rights to subscribe in the same year such stock dividend was sold is not a capital asset within section 101(c)(8)(C) of the Revenue Act of 1928. 3. In computing allowance for…

Read the full summary

1. Shares of stock purchased within two years of the date of sale thereof, although purchased under rights to subscribe received on stock held more than two years, are not "capital assets" within section 101(c)(8) of the Revenue Act of 1928. 2. A stock dividend received on stock purchased under rights to subscribe in the same year such stock dividend was sold is not a capital asset within section 101(c)(8)(C) of the Revenue Act of 1928. 3. In computing allowance for deduction for contributions under section 23(n) of the Revenue Act of 1928, "capital net gain" as computed under section 101 of…

1Opinion of the Court

ELLEN AYER WOOD, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Wood v. Commissioner

Docket No. 65211.

United States Board of Tax Appeals

29 B.T.A. 1050; 1934 BTA LEXIS 1433;

February 9, 1934, Promulgated

1. Shares of stock purchased within two years of the date of sale thereof, although purchased under rights to subscribe received on stock held more than two years, are not "capital assets" within section 101(c)(8) of the Revenue Act of 1928.

2. A stock dividend received on stock purchased under rights to subscribe in the same year such stock dividend was sold is not a capital asset…

2Cases cited6 opinions

  1. Eisner v. MacOmberSupreme Court of the United States · 1920
  2. Miles v. Safe Deposit & Trust Co. of BaltimoreSupreme Court of the United States · 1922
  3. Griscom v. CommissionerUnited States Board of Tax Appeals · 1931
  4. Straus v. CommissionerUnited States Board of Tax Appeals · 1933
  5. Bullock v. CommissionerUnited States Board of Tax Appeals · 1931

1 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