Legal Opinion

Davidson v. Commissioner

Supreme Court of the United States

Decided November 7, 1938No. 18PublishedCited by 31 opinions

1Opinion of the CourtJustice Butler

Upon petitioner’s insistence and respondent’s admission, that the decision below conflicts with that of the circuit court of appeals for the second circuit in Miller v. Commissioner, 80 F. 2d 219, we granted a writ of cer-tiorari. The question presented is whether petitioner’s taxable gain from sale in 1929 of 1,000 shares of stock is to be determined upon the basis of the cost of stock petitioner bought in that year, or upon the basis of lower cost of like shares earlier bought by him.

The details found by the board of tax appeals may be given briefly. March 27,1929, at cost of $49.90 each,…

2Cases cited8 opinions

  1. United States v. PhellisSupreme Court of the United States · 1921
  2. Helvering v. RankinSupreme Court of the United States · 1935
  3. Snyder v. CommissionerSupreme Court of the United States · 1935
  4. Bonham v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1937
  5. Remington Rand, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1929

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

3Cited by31 opinions

  1. Helvering v. HammelSupreme Court of the United States · 1941
  2. Dunn v. CommissionerUnited States Tax Court · 1978
  3. Creech v. CommissionerUnited States Board of Tax Appeals · 1942
  4. Kluger Associates, Inc. v. CommissionerUnited States Tax Court · 1978
  5. Smith v. HigginsCourt of Appeals for the Second Circuit · 1939

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

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