Lehman v. Commissioner
United States Tax Court
A corporation with no "earnings or profits accumulated after February 28, 1913," made distributions out of current earnings or profits in July and October of its fiscal year ended June 30, 1937. Held, the distributions do not constitute taxable dividends to a shareholder whose fiscal year ended October 31, 1936. Such distributions are not dividends within the meaning of section 115 (a) of the Revenue Act of 1934, which is controlling in respect of the fiscal year of the…
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A corporation with no "earnings or profits accumulated after February 28, 1913," made distributions out of current earnings or profits in July and October of its fiscal year ended June 30, 1937. Held, the distributions do not constitute taxable dividends to a shareholder whose fiscal year ended October 31, 1936. Such distributions are not dividends within the meaning of section 115 (a) of the Revenue Act of 1934, which is controlling in respect of the fiscal year of the shareholder ended October 31, 1936.
1Opinion of the Court
Estate of Harold M. Lehman, Deceased, Cecile S. Lehman, Allan S. Lehman, Monroe C. Gutman, and Herbert H. Lehman, Executrix and Executors, Petitioners, v. Commissioner of Internal Revenue, Respondent
Lehman v. Commissioner
Docket No. 2455
United States Tax Court
4 T.C. 325; 1944 U.S. Tax Ct. LEXIS 23;
November 15, 1944, Promulgated
Decision will be entered under Rule 50.
A corporation with no "earnings or profits accumulated after February 28, 1913," made distributions out of current earnings or profits in July and October of its fiscal year ended June 30, 1937. Held, the distributions do not…
2Cases cited2 opinions
- Mason v. RoutzahnSupreme Court of the United States · 1927
- Lehman v. CommissionerUnited States Tax Court · 1944