Legal Opinion

Hess v. United States

United States Court of Claims

Decided July 9, 1976No. 471-73PublishedCited by 35 opinions

1Opinion of the CourtNichols, Judge

This case involves the gains on the redemption of 10,650 shares of International Nikoh Corporation (formerly known as International Bolling Mills Products Corporation and hereinafter referred to as Nikoh) in 1965. The issue is whether the bases on which the gains are computed are the amounts used in the estate tax valuation of two estates through which the stock passed to the taxpayers, or the then fair market values to be newly determined without regard to such amounts. We hold the former in the circumstances of this case.

Plaintiffs are Sidney J. Hess, Jr., William J. Friedman and American…

2Cases cited5 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. R. H. Stearns Co. v. United StatesSupreme Court of the United States · 1934
  3. Frank Erickson and Amelia Erickson v. The United StatesUnited States Court of Claims · 1962
  4. William A. Beltzer and Sharon Beltzer, and v. United States of America, AndCourt of Appeals for the Eighth Circuit · 1974
  5. Achille F. Ford v. United States. Jeanne F. Harlow v. United StatesUnited States Court of Claims · 1960

3Cited by35 opinions

  1. Robert P. Shook and Barbara I. Shook v. United StatesCourt of Appeals for the Eleventh Circuit · 1983
  2. Cluck v. CommissionerUnited States Tax Court · 1995
  3. LeFever v. CommissionerCourt of Appeals for the Tenth Circuit · 1996
  4. Unvert v. CommissionerUnited States Tax Court · 1979
  5. St. Paul Fire & Marine Insurance v. United StatesUnited States Court of Federal Claims · 1994

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