Legal Opinion

Salvage v. Commissioner

Court of Appeals for the Second Circuit

Decided March 18, 1935No. 153PublishedCited by 45 opinions

1Opinion of the Court

SWAN, Circuit Judge.

The Board decreed a deficiency of $12,-005.38 in the petitioner’s income tax for the year 1929. He contends that not only is there no deficiency, but that he is entitled to a refund of $63,750. The controversy arises out of the fact that in 1929 the petitioner received $671,000 upon the redemption .of 6,100 shares of preferred stock of American Viscose Corporation. The question in dispute is what part of this sum represents capital net gain; and this involves a determination of the cost base properly attributable to the redeemed shares.

In December, 1922, the Viscose…

2Cases cited13 opinions

  1. Wilson v. BowersCourt of Appeals for the Second Circuit · 1932
  2. Commissioner of Internal Revenue v. Van VorstCourt of Appeals for the Ninth Circuit · 1932
  3. Helvering v. Brooklyn City R. Co.Court of Appeals for the Second Circuit · 1934
  4. United States v. S. F. Scott & Sons, Inc.Court of Appeals for the First Circuit · 1934
  5. Cox v. HelveringDistrict Court, District of Columbia · 1934

8 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. Hamlin's Trust v. Commissioner of Internal Revenue. Nowel's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1954
  2. Schmidlapp v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1938
  3. Majestic Securities Corp. v. Commissioner of Int. Rev.Court of Appeals for the Eighth Circuit · 1941
  4. BEALS'ESTATE v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1936
  5. Schaefer v. CommissionerUnited States Tax Court · 1995

40 more not listed; retrieve them via the Exa API.

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