Legal Opinion

Braunstein v. Commissioner

United States Tax Court

Decided April 11, 1961No. Docket Nos. 56657, 56658, 56659Published

The petitioners formed two corporations for the purpose of constructing apartment houses which were to be financed under section 608 of the National Housing Act, and in each instance there was an excess of mortgage loan funds remaining after the cost of construction had been paid.

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The petitioners formed two corporations for the purpose of constructing apartment houses which were to be financed under section 608 of the National Housing Act, and in each instance there was an excess of mortgage loan funds remaining after the cost of construction had been paid. In the year following completion of construction petitioners, as stockholders, received distribution from corporations in amounts which included the mortgage funds remaining after construction, and thereafter, in the same year, sold their stock in the two corporations. Held, that the corporations were collapsible…

1Opinion of the Court

Benjamin Braunstein and Diana Braunstein, et al., 1 Petitioners, v. Commissioner of Internal Revenue, Respondent

Braunstein v. Commissioner

Docket Nos. 56657, 56658, 56659

United States Tax Court

36 T.C. 22; 1961 U.S. Tax Ct. LEXIS 178;

April 11, 1961, Filed

Decisions will be entered for the respondent.

The petitioners formed two corporations for the purpose of constructing apartment houses which were to be financed under section 608 of the National Housing Act, and in each instance there was an excess of mortgage loan funds remaining after the cost of construction had been paid. In the year…

Also in this document: Dissent.

2Cases cited14 opinions

  1. Raymond G. Burge and Kathleen E. Burge v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1958
  2. Arthur Glickman Herman Glickman and Ruth Glickman and Aaron Glickmand and Freda Glickman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1958
  3. Burge v. CommissionerUnited States Tax Court · 1957
  4. C. D. Spangler and Veva C. Spangler v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1960
  5. Sidney v. CommissionerUnited States Tax Court · 1958

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