Legal Opinion

Wilson v. Commissioner

United States Board of Tax Appeals

Decided February 23, 1926No. Docket No. 2403Published

Where a corporation in 1920 declares and pays stock dividends, the par value of which exceed the earnings or profits of such corporation accumulated since February 28, 1913, and thereafter in 1920 declares and pays a cash dividend in an amount less than the amount of such earnings or profits, held, that under the provisions of section 201(b) of the Revenue Act of 1918 the cash dividend is deemed to have been made from earnings or profits accumulated subsequent to February…

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Where a corporation in 1920 declares and pays stock dividends, the par value of which exceed the earnings or profits of such corporation accumulated since February 28, 1913, and thereafter in 1920 declares and pays a cash dividend in an amount less than the amount of such earnings or profits, held, that under the provisions of section 201(b) of the Revenue Act of 1918 the cash dividend is deemed to have been made from earnings or profits accumulated subsequent to February 28, 1913, and is to be included as a part of the gross income of the stockholder receiving such cash dividend.

1Opinion of the Court

APPEAL OF HUGH R. WILSON.

Wilson v. Commissioner

Docket No. 2403.

United States Board of Tax Appeals

3 B.T.A. 957; 1926 BTA LEXIS 2515;

February 23, 1926, Decided Submitted April 29, 1925.

Where a corporation in 1920 declares and pays stock dividends, the par value of which exceed the earnings or profits of such corporation accumulated since February 28, 1913, and thereafter in 1920 declares and pays a cash dividend in an amount less than the amount of such earnings or profits, held, that under the provisions of section 201(b) of the Revenue Act of 1918 the cash dividend is deemed to have been made…

2Cases cited8 opinions

  1. Eisner v. MacOmberSupreme Court of the United States · 1920
  2. Towne v. EisnerSupreme Court of the United States · 1918
  3. Lynch v. HornbySupreme Court of the United States · 1918
  4. Gibbons v. MahonSupreme Court of the United States · 1890
  5. Williams v. . Western Union Telegraph Co.New York Court of Appeals · 1883

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