Legal Opinion

Batten, Barton, Durstine & Osborn, Inc. v. Commissioner

United States Tax Court

Decided September 25, 1947No. Docket No. 8970Published

Petitioner is a New York corporation, engaged in the business of advertising agency. It has no stockholders except employees. Its staff consists largely of creative writers, artists, and radio directors, upon whose work the success of the business depends.

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Petitioner is a New York corporation, engaged in the business of advertising agency. It has no stockholders except employees. Its staff consists largely of creative writers, artists, and radio directors, upon whose work the success of the business depends. Petitioner's stockholders, upon its organization in 1928, donated to its treasury 20 per cent of the shares initially issued to them for the purpose of having shares of stock available for issuance to employees who demonstrated talent and ability and who contributed to the success of the business. Petitioner, after its organization, also…

1Opinion of the Court

Batten, Barton, Durstine & Osborn, Inc., Petitioner, v. Commissioner of Internal Revenue, Respondent

Batten, Barton, Durstine & Osborn, Inc. v. Commissioner

Docket No. 8970

United States Tax Court

9 T.C. 448; 1947 U.S. Tax Ct. LEXIS 99;

September 25, 1947, Promulgated

Decision will be entered under Rule 50.

Petitioner is a New York corporation, engaged in the business of advertising agency. It has no stockholders except employees. Its staff consists largely of creative writers, artists, and radio directors, upon whose work the success of the business depends. Petitioner's stockholders, upon its…

2Cases cited6 opinions

  1. Dr. Pepper Bottling Co. v. CommissionerUnited States Tax Court · 1942
  2. Cluett, Peabody & Co. v. CommissionerUnited States Tax Court · 1944
  3. Brockman Oil Well Cementing Co. v. CommissionerUnited States Tax Court · 1943
  4. Rollins Burdick Hunter Co. v. CommissionerUnited States Tax Court · 1947
  5. Batten, Barton, Durstine & Osborn, Inc. v. CommissionerUnited States Tax Court · 1947

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