Legal Opinion

Peter R. Fink Karla S. Fink v. Commissioner of Internal Revenue

Court of Appeals for the Sixth Circuit

Decided April 30, 1986No. 84-1806PublishedCited by 6 opinions

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

  1. Downer v. CommissionerUnited States Tax Court · 1967
  2. Smith v. CommissionerUnited States Tax Court · 1976
  3. Florida National Guard and Department of Defense v. Federal Labor Relations AuthorityCourt of Appeals for the Eleventh Circuit · 1983
  4. Foster v. CommissionerUnited States Tax Court · 1947
  5. Fasken v. CommissionerUnited States Tax Court · 1979

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

3Cited by6 opinions

  1. Commissioner v. FinkSupreme Court of the United States · 1987
  2. Estate of Schneider v. CommissionerUnited States Tax Court · 1987
  3. Commissioner v. FinkSupreme Court of the United States · 1987
  4. Estate of Schneider v. CommissionerUnited States Tax Court · 1987
  5. 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.

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