Legal Opinion

Mt. Hebron Corp. v. United States

United States Court of Claims

Decided October 4, 1943No. 45169PublishedCited by 1 opinion

1Opinion of the CourtWhitaker, Judge

This is a suit to recover capital stock tax on the ground that plaintiff was not engaged in business.

Singer, Schlein and Cohen were managers of cemetery properties, including the Cedar Grove Cemetery Association. The senior partners wanted their sons, who were also members of the partnership, to acquire an interest in this company. Butherford H. Walker and Thaddeus Walker had 10,000 shares of its stock which they were willing to sell for $700,000, $350,000 in cash, and the balance in installments. The sons were willing to buy it at this price, but they had available only $4,000 each, so the…

2Cases cited6 opinions

  1. Von Baumbach v. Sargent Land Co.Supreme Court of the United States · 1917
  2. United States v. Emery, Bird, Thayer Realty Co.Supreme Court of the United States · 1915
  3. McCoach v. Minehill & Schuylkill Haven RailroadSupreme Court of the United States · 1913
  4. Zonne v. Minneapolis SyndicateSupreme Court of the United States · 1911
  5. Magruder v. Washington, Baltimore & Annapolis Realty Corp.Supreme Court of the United States · 1942

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3Cited by1 opinion

  1. Baldwin Co. v. BerlinerDistrict Court, N.D. California · 1946

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