Legal Opinion

Maguire v. Commissioner

United States Tax Court

Decided March 5, 1954No. Docket No. 39802Published

Dividend -- Earnings and Profits of Taxable Year -- Accumulated Deficit -- Sec. 115 (a ) (2), I. R. C. -- A dividend as defined in section 115 (a) of the Code includes a distribution made by a corporation to its stockholders out of earnings and profits of the taxable year even though those earnings and profits were not sufficient to wipe out an accumulated deficit existing at the beginning of the taxable year.

1Opinion of the Court

William G. Maguire, Petitioner, v. Commissioner of Internal Revenue, Respondent

Maguire v. Commissioner

Docket No. 39802

United States Tax Court

21 T.C. 853; 1954 U.S. Tax Ct. LEXIS 276;

March 5, 1954, Promulgated

Decision will be entered for the respondent.

Dividend -- Earnings and Profits of Taxable Year -- Accumulated Deficit -- Sec. 115 (a ) (2), I. R. C. -- A dividend as defined in section 115 (a) of the Code includes a distribution made by a corporation to its stockholders out of earnings and profits of the taxable year even though those earnings and profits were not sufficient to wipe out an…

2Cases cited4 opinions

  1. Helvering v. Alworth TrustCourt of Appeals for the Eighth Circuit · 1943
  2. Maguire v. CommissionerUnited States Tax Court · 1954
  3. Lehman v. CommissionerUnited States Tax Court · 1944
  4. Ratterman v. CommissionerCourt of Appeals for the Sixth Circuit · 1949

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