Peter R. Fink Karla S. Fink v. Commissioner of Internal Revenue
Court of Appeals for the Sixth Circuit
Joiner, Senior District Judge, sitting by designation, filed a dissenting opinion.
1Opinion of the Court
MILBURN, Circuit Judge.
Peter R. Fink and Karla S. Fink (“taxpayers”) appeal from a decision of the United States Tax Court determining deficiencies in taxpayers’ federal income taxes for 1976 and 1977. The taxpayers claimed that their non-pro rata surrender of stock to the issuing corporation entitled them to an ordinary loss under section 165 of the Internal Revenue Code (the “Code”), 26 U.S.C. § 165. The Tax Court held that a non-pro rata surrender of shares to the issuing corporation to improve its financial position is not an event that permits the recognition of loss and constitutes,…
2Cases cited13 opinions
- Downer v. CommissionerUnited States Tax Court · 1967
- Smith v. CommissionerUnited States Tax Court · 1976
- Florida National Guard and Department of Defense v. Federal Labor Relations AuthorityCourt of Appeals for the Eleventh Circuit · 1983
- Foster v. CommissionerUnited States Tax Court · 1947
- Fasken v. CommissionerUnited States Tax Court · 1979
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Commissioner v. FinkSupreme Court of the United States · 1987
- Estate of Schneider v. CommissionerUnited States Tax Court · 1987
- Commissioner v. FinkSupreme Court of the United States · 1987
- Estate of Schneider v. CommissionerUnited States Tax Court · 1987
- Peter R. Fink Karla S. Fink v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1987
1 more not listed; retrieve them via the Exa API.