Legal Opinion

Commissioner of Int. Rev. v. Meridian & Thirteenth R. Co.

Court of Appeals for the Seventh Circuit

Decided November 5, 1942No. 7978PublishedCited by 78 opinions

1Opinion of the Court

EVANS, Circuit Judge.

Whether a corporate distribution was a dividend or an interest payment, is the major issue on this appeal which involves Federal income taxes. The M. & T. Co., made an $1,800 payment in 1936, which it claims-was interest on its indebtedness, but which the Commissioner asserts was a dividend on preferred stock. The Board of Tax Appeals concluded that the payment was one of interest on indebtedness, and therefore deductible Sec. 23(b) 1 of the Revenue Act of 1936, 26 U.S.C.A. Int.Rev. Acts, page 827, and held that the taxpayer had overpaid its income tax by $234.

A second…

2Cases cited28 opinions

  1. Helvering v. Northwest Steel Rolling Mills, Inc.Supreme Court of the United States · 1940
  2. United States v. PelzerSupreme Court of the United States · 1941
  3. Helvering v. Tex-Penn Oil Co.Supreme Court of the United States · 1937
  4. Warren v. KingSupreme Court of the United States · 1883
  5. In Re 620 Church Street Building Corp.Supreme Court of the United States · 1936

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

3Cited by78 opinions

  1. Estate of Travis Mixon, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1972
  2. John v. Rowan v. United StatesCourt of Appeals for the Fifth Circuit · 1955
  3. Jack Daniel Distillery, Lem Motlow, Prop., Inc. v. The United StatesUnited States Court of Claims · 1967
  4. Jean C. Tyler and Dolly Ann Tyler v. Laurie W. Tomlinson, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1969
  5. Gooding Amusement Co. v. CommissionerCourt of Appeals for the Sixth Circuit · 1956

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

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