Legal Opinion

Meyer v. Commissioner

United States Tax Court

Decided May 31, 1945No. Docket No. 4951Published

During the years 1938 to 1941, inclusive, Bersel Realty Co. redeemed shares of its noncumulative preferred stock out of earnings. The petitioner was its sole stockholder. Held, that the redemptions of the preferred stock were made at such time and in such manner as to be essentially equivalent to distributions of taxable dividends.

1Opinion of the Court

Bertram Meyer, Petitioner, v. Commissioner of Internal Revenue, Respondent

Meyer v. Commissioner

Docket No. 4951

United States Tax Court

5 T.C. 165; 1945 U.S. Tax Ct. LEXIS 154;

May 31, 1945, Promulgated

Decision will be entered for the respondent.

During the years 1938 to 1941, inclusive, Bersel Realty Co. redeemed shares of its noncumulative preferred stock out of earnings. The petitioner was its sole stockholder. Held, that the redemptions of the preferred stock were made at such time and in such manner as to be essentially equivalent to distributions of taxable dividends.

Sydney A. Gutkin, Esq.,…

Also in this document: Dissent.

2Cases cited2 opinions

  1. Flanagan v. HelveringCourt of Appeals for the D.C. Circuit · 1940
  2. Meyer v. CommissionerUnited States Tax Court · 1945

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