Legal Opinion

Leasehold Realty Co. v. Commissioner

United States Board of Tax Appeals

Decided March 31, 1926No. Docket No. 1727PublishedCited by 3 opinions

Certain instruments denominated preferred stock issued by the taxpayer corporation, under their terms and conditions, held to be preferred stock and not evidence of indebtedness.

1Opinion of the Court

*1131OPINION.

Love:

The sole question at issue is whether the document quoted in the findings of fact is a stock certificate or an evidence of indebtedness, resulting in the question whether or not the so-called dividends were, in fact, dividends on stock or interest on an indebtedness.

It will be noted that the certificate in question (1) represents a part of the authorized capital stock of the corporation; (2) it is issued, in the ordinary form of a preferred stock certificate; (3) it provides for quarterly dividends, such dividends to be cumulative; (4) it is not secured by mortgage or otherwise…

2Cases cited4 opinions

  1. Warren v. KingSupreme Court of the United States · 1883
  2. Spencer v. SmithCourt of Appeals for the Eighth Circuit · 1912
  3. Armstrong v. Union Trust & Savings BankCourt of Appeals for the Ninth Circuit · 1918
  4. Grover v. CavanaghIndiana Court of Appeals · 1907

3Cited by3 opinions

  1. O. P. P. Holding Corp. v. CommissionerUnited States Board of Tax Appeals · 1934
  2. Annis Furs, Inc. v. CommissionerUnited States Tax Court · 1943
  3. Leasehold Realty Co. v. CommissionerUnited States Board of Tax Appeals · 1926

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