Legal Opinion
Kaufmann Department Stores Securities Corp. v. Commissioner
Court of Appeals for the Third Circuit
Decided August 4, 1944No. Nos. 8603, 8604PublishedCited by 11 opinions
1Opinion of the Court
GOODRICH, Circuit Judge.
The one question presented as these cases, consolidated for trial and argument, come to us, is whether the taxpayer is entitled to credit under § 26(c) (1) of the Revenue Act of 1936.1 The issue is whether the taxpayer was precluded by a contract meeting the terms of the statute from paying dividends for the taxable year in question.
The language relied upon by the taxpayer is in a trust indenture executed by it. One paragraph provides: “That the company will not pay or declare any dividend, except dividends payable in shares of stock of the Company, or make any other…
2Cases cited10 opinions
- Helvering v. GowranSupreme Court of the United States · 1937
- Helvering v. Northwest Steel Rolling Mills, Inc.Supreme Court of the United States · 1940
- Koshland v. HelveringSupreme Court of the United States · 1936
- United States v. Dakota Tractor & Equipment Co.Court of Appeals for the Eighth Circuit · 1942
- Valentine-Clark Corp. v. CommissionerCourt of Appeals for the Eighth Circuit · 1943
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Turnbull, Inc., Transferee (Formerly J. Gordon Turnbull, Inc.) v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1967
- Turnbull, Inc. v. CommissionerUnited States Tax Court · 1964
- Harder Services, Inc. v. CommissionerUnited States Tax Court · 1976
- Northwestern Steel & Wire Co. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1945
- Riverside Cement Co. v. RoganDistrict Court, S.D. California · 1945
6 more not listed; retrieve them via the Exa API.