Legal Opinion
Estate of John R. Taschler, Deceased, by Dorothy Taschler, and Dorothy Taschler v. United States
Court of Appeals for the Third Circuit
Decided March 29, 1971No. 18769-18771_1PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
GANEY, Circuit Judge.
The appeals in these three consolidated actions pose the recurring issue whether sums withdrawn from a corporation by a taxpayer owning all of its common stock were dividends to be taxed, as ordinary income, or loans, the total qf which could be treated as long-term capital gains upon the sale of the corporation. The district court found that they were dividends rather than loans for the taxable years 1958, 1961 and 1962, and ordered judgment be entered in favor of the United States in each of the actions for refunds of taxes and interest on be half of…
2Cases cited6 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Commissioner v. DubersteinSupreme Court of the United States · 1960
- Botany Worsted Mills v. United StatesSupreme Court of the United States · 1929
- Anthony Imbesi and Hazel Imbesi v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1966
- Commissioner of Internal Revenue, in No. 13,785 v. Robert Makransky, of the Estate of Harry Makransky, and Helen Makransky. Commissioner of Internal Revenue, in Nos. 13,786, 13,787 v. Emanuel Moss and Sylvia Moss. Commissioner of Internal Revenue, in Nos. 13,788, 13,789 v. Hilda B. Schneider. Trust Under Deed of Joseph Binenstock (Deceased), Girard Trust Corn Exchange Bank, Theodora B. Jacobs, Sylvia B. Moss, Hilda B. Schneider (Formerly Hilda B. Raines), Helen B. Makransky, John Tait and Albert Barnes Zink, Trustees, in Nos. 13,790, 13,791 v. Commissioner of Internal Revenue, Commissioner of Internal Revenue, in Nos. 13,792, 13,793 v. Allen C. Jacobs and Theodora B. JacobsCourt of Appeals for the Third Circuit · 1963
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3Cited by14 opinions
- Ralph D. Crowley and Frances A. Crowley v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1992
- Richard E. Busch Jr. & Jean N. Busch v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1984
- Demirjian v. CommissionerCourt of Appeals for the Third Circuit · 1972
- United States v. Peter Pomponio, Paul PomponioCourt of Appeals for the Fourth Circuit · 1977
- Alterman Foods, Inc. v. United StatesUnited States Court of Claims · 1979
9 more not listed; retrieve them via the Exa API.