Legal Opinion

Elkhorn Coal Co. v. Commissioner

United States Board of Tax Appeals

Decided July 30, 1936No. Docket Nos. 49064-49070Published

Corporation A, with total stock of 7,540 shares of common stock caused corporation B to be organized, and on December 18, 1925, transferred to the latter certain assets consisting of stocks of subsidiaries and a tract of coal land, in exchange for 6,100 shares of the common stock of B, which shares were distributed among the stockholders of A on December 19. On December 31, 1925, A transferred its remaining assets, consisting of mine, mining plant, and equipment, to…

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Corporation A, with total stock of 7,540 shares of common stock caused corporation B to be organized, and on December 18, 1925, transferred to the latter certain assets consisting of stocks of subsidiaries and a tract of coal land, in exchange for 6,100 shares of the common stock of B, which shares were distributed among the stockholders of A on December 19. On December 31, 1925, A transferred its remaining assets, consisting of mine, mining plant, and equipment, to corporation C in exchange for 1,000 shares (25 percent) of C's capital stock. This mine of A adjoined the mines of C, and since…

1Opinion of the Court

ELKHORN COAL COMPANY, PETITIONER, ET AL., 1v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Elkhorn Coal Co. v. Commissioner

Docket Nos. 49064-49070.

United States Board of Tax Appeals

34 B.T.A. 845; 1936 BTA LEXIS 637;

July 30, 1936, Promulgated

Corporation A, with total stock of 7,540 shares of common stock caused corporation B to be organized, and on December 18, 1925, transferred to the latter certain assets consisting of stocks of subsidiaries and a tract of coal land, in exchange for 6,100 shares of the common stock of B, which shares were distributed among the stockholders of A on December…

2Cases cited9 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Helvering v. Minnesota Tea Co.Supreme Court of the United States · 1935
  3. John A. Nelson Co. v. HelveringSupreme Court of the United States · 1935
  4. Helvering v. WattsSupreme Court of the United States · 1935
  5. Arctic Ice Machine Co. v. CommissionerUnited States Board of Tax Appeals · 1931

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