Legal Opinion

United States v. Byron Sash & Door Co.

Court of Appeals for the Sixth Circuit

Decided June 18, 1945No. 9862PublishedCited by 11 opinions

1Opinion of the Court

McAllister, circuit judge.

In 1929, the Byron Sash & Door Company, with outstanding capital stock of $140,000, had surplus and undivided profits of $145,090.93, from which, on December 11, 1929, it paid a cash dividend of $12,000. At the same time, it transferred $130,000 to the capital account, leaving a surplus of $3,090.93. Shortly thereafter, on April 2, 1930, it distributed a stock dividend of $130,000. In the subsequent seven years, it incurred operating losses of $69,945, which wiped out its surplus of $3,090.93 and resulted in impairment of its capital in the amount of $66,855.04, as…

2Cases cited6 opinions

  1. Eisner v. MacOmberSupreme Court of the United States · 1920
  2. Eisner, Internal Revenue Collector v. MacOmberSupreme Court of the United States · 1919
  3. Century Electric Co. v. CommissionerCourt of Appeals for the Eighth Circuit · 1944
  4. Century Electric Co. v. CommissionerUnited States Tax Court · 1944
  5. Haggard v. Lexington Utilities Co.Court of Appeals of Kentucky (pre-1976) · 1935

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

3Cited by11 opinions

  1. United States v. Ogilvie Hardware Co.Supreme Court of the United States · 1947
  2. Owensboro Wagon Co. v. CommissionerUnited States Tax Court · 1952
  3. Owensboro Wagon Co. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1954
  4. United States v. Ogilvie Hardware Co.Court of Appeals for the Fifth Circuit · 1946
  5. Ogilvie Hardware Co. v. United StatesDistrict Court, W.D. Louisiana · 1945

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

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