Van Nostrand v. United States

BREWSTER, District Judge.

This suit is brought to recover a portion of an additional assessment of tax upon plaintiff’s income for the year 1929. The case was tried without jury upon an agreed statement of facts.

Two questions are presented. The first is whether certain rights received in 1929 by the plaintiff, as owner of stock in the American Telephone & Telegraph Company, to subscribe for convertible bonds, should have been returned as dividends in plaintiff’s return of 1929 income. This question was involved in T. I. Hare Powel v. Commissioner of Internal Revenue, 27 B.T.A. 55, in which…