Commissioner of Internal Revenue v. Cordingley

MORTON, Circuit Judge.

This is a petition by the Commissioner to review a' decision of the Board of Tax Appeals. The question is whether certain sums paid to stockholders of the Woonsocket Worsted Mills by that corporation for stock which was called in and canceled were taxable as dividends.

Woonsocket Worsted Mills was organized in 1901 to take over a business which had previously been carried on as a partnership. Its stock has always been closely held. The original capital was-$150,000, divided into shares of $100 par-value; there were no bonds or underlying securities. The business…