Legal Opinion

Ashton v. Commissioner

United States Board of Tax Appeals

Decided May 18, 1939No. Docket No. 89434Published

In 1934 taxpayer liquidated certain shares of building and loan association stock and suffered a loss thereby. The shares had been held for more than two years but had not matured.

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In 1934 taxpayer liquidated certain shares of building and loan association stock and suffered a loss thereby. The shares had been held for more than two years but had not matured. Held, that the transaction constituted a distribution in partial liquidation within the meaning of section 115 of the Revenue Act of 1934 and resulted in a capital loss to the taxpayer and the amount of his deductible loss is limited by section 117:d) of the Revenue Act of 1934. Henderson v. United States,22 Fed.Supp. 206.

1Opinion of the Court

AUGUSTUS TRASK ASHTON, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Ashton v. Commissioner

Docket No. 89434.

United States Board of Tax Appeals

39 B.T.A. 888; 1939 BTA LEXIS 956;

May 18, 1939, Promulgated

In 1934 taxpayer liquidated certain shares of building and loan association stock and suffered a loss thereby. The shares had been held for more than two years but had not matured. Held, that the transaction constituted a distribution in partial liquidation within the meaning of section 115 of the Revenue Act of 1934 and resulted in a capital loss to the taxpayer and the amount of…

2Cases cited1 opinion

  1. Ashton v. CommissionerUnited States Board of Tax Appeals · 1939

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