Legal Opinion

Fischer v. Commissioner

United States Board of Tax Appeals

Decided April 28, 1942No. Docket Nos. 102878, 102879, 102880, 102881, 102945, 102946, 102973Published

Petitioners were stockholders in a corporation which readjusted its capital structure during the taxable year 1936. Prior to the readjustment the corporation's authorized, issued and outstanding capital stock consisted of 7,000 shares of common of the par value of $100 per share or $700,000. During 1936 a "plan of recapitalization" was duly executed under which the corporation's charter was amended so that, instead of its outstanding stock, its authorized stock would consist…

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Petitioners were stockholders in a corporation which readjusted its capital structure during the taxable year 1936. Prior to the readjustment the corporation's authorized, issued and outstanding capital stock consisted of 7,000 shares of common of the par value of $100 per share or $700,000. During 1936 a "plan of recapitalization" was duly executed under which the corporation's charter was amended so that, instead of its outstanding stock, its authorized stock would consist of 35,000 shares of new common of the par value of $10 per share or $350,000 and 14,000 shares of new preferred of the…

1Opinion of the Court

JACOB FISCHER, PETITIONER, ET AL. 1v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Fischer v. Commissioner

Docket Nos. 102878, 102879, 102880, 102881, 102945, 102946, 102973.

United States Board of Tax Appeals

46 B.T.A. 999; 1942 BTA LEXIS 783;

April 28, 1942, Promulgated

Petitioners were stockholders in a corporation which readjusted its capital structure during the taxable year 1936. Prior to the readjustment the corporation's authorized, issued and outstanding capital stock consisted of 7,000 shares of common of the par value of $100 per share or $700,000. During 1936 a "plan of…

2Cases cited12 opinions

  1. Helvering v. GowranSupreme Court of the United States · 1937
  2. Koshland v. HelveringSupreme Court of the United States · 1936
  3. Helvering v. PfeifferSupreme Court of the United States · 1937
  4. South Atlantic Steamship Line v. CommissionerUnited States Board of Tax Appeals · 1940
  5. Kelly v. CommissionerUnited States Board of Tax Appeals · 1938

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