Legal Opinion

Cunningham v. Commissioner

United States Tax Court

Decided April 27, 1965No. Docket Nos. 5118-63, 5119-63Published

Petitioners sold shares of corporation X to corporation A in December 1958 for cash and installment obligations represented by A's promissory notes. In October 1960, after dissension in the management of corporation A, corporation X's shares were transferred to corporation B which assumed the installment obligation of corporation A on the promissory notes held by petitioners.

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Petitioners sold shares of corporation X to corporation A in December 1958 for cash and installment obligations represented by A's promissory notes. In October 1960, after dissension in the management of corporation A, corporation X's shares were transferred to corporation B which assumed the installment obligation of corporation A on the promissory notes held by petitioners. Held, that this was not a disposition by petitioners of their installment obligations resulting in a taxable gain measured by the excess in value of corporation X's shares when acquired by corporation B over petitioners'…

1Opinion of the Court

John I. Cunningham and Diane W. Cunningham, Petitioners, v. Commissioner of Internal Revenue, Respondent; Weaver Cunningham and Gwendolyn B. Cunningham, Petitioners, v. Commissioner of Internal Revenue, Respondent

Cunningham v. Commissioner

Docket Nos. 5118-63, 5119-63

United States Tax Court

44 T.C. 103; 1965 U.S. Tax Ct. LEXIS 95;

April 27, 1965, Filed

Decisions will be entered for the petitioners.

Petitioners sold shares of corporation X to corporation A in December 1958 for cash and installment obligations represented by A's promissory notes. In October 1960, after dissension in the management…

2Cases cited7 opinions

  1. Burrell Groves, Inc. v. CommissionerUnited States Tax Court · 1954
  2. Boca Ratone Co. v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1936
  3. Wynne v. CommissionerUnited States Board of Tax Appeals · 1942
  4. Burrell Groves, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1955
  5. Jack Ammann Photogrammetric Engineers, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1965

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