Legal Opinion
W. Larry Harlan and Mary Jane Harlan v. United States
Court of Appeals for the Fifth Circuit
Decided April 4, 1969No. 26383PublishedCited by 33 opinions
1Opinion of the Court
AINSWORTH, Circuit Judge:
In this taxpayer suit for refund of federal income taxes, the sole question for decision is whether certain funds advanced by shareholders to wholly owned insurance corporations at their inception, the funds being evidenced by so-called “surplus” notes, should be treated as indebtedness for tax purposes rather than contributions to capital, upon the ultimate payment of the notes. If the “surplus” notes constituted indebtedness, the payment thereof would be nontaxable to taxpayer; however, if they were in fact contributions to capital, payment thereof would be…
2Cases cited12 opinions
- Gregory v. HelveringSupreme Court of the United States · 1935
- John Kelley Co. v. CommissionerSupreme Court of the United States · 1946
- John v. Rowan v. United StatesCourt of Appeals for the Fifth Circuit · 1955
- Kraft Foods Company v. Commissioner of Internal Revenue, (Two Cases)Court of Appeals for the Second Circuit · 1956
- United States v. Simon W. Henderson, Jr., Independent for the Estate of Louise R. Henderson, DeceasedCourt of Appeals for the Fifth Circuit · 1967
7 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Dunn v. CommissionerUnited States Tax Court · 1978
- Estate of Travis Mixon, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1972
- Alterman Foods, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1975
- Jean C. Tyler and Dolly Ann Tyler v. Laurie W. Tomlinson, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1969
- Mennuto v. CommissionerUnited States Tax Court · 1971
28 more not listed; retrieve them via the Exa API.