Legal Opinion

Community TV Association of Havre v. United States

District Court, D. Montana

Decided February 28, 1962No. Civ. 2156PublishedCited by 6 opinions

1Opinion of the Court

JAMESON, District Judge.

This is a suit for refund of income taxes paid by plaintiff corporation, Community T. V. Association of Havre. The sole issue is whether payments received by the plaintiff in 1955 ($34,737.88) and 1956 ($10,298.03) from “Class B” stockholders in return for the issuance of “Class B” stock, constituted ordinary tax able income under Section 61(a) 1 of the Internal Revenue Code of 1954 or nontaxable payments of capital under either section 118(a) 2 or section 1032(a) 3 of the 1954 Code. Most of the facts were stipulated, and essentially there is no factual dispute.

Plaintif…

2Cases cited15 opinions

  1. Commissioner v. P. G. Lake, Inc.Supreme Court of the United States · 1958
  2. Commissioner v. HansenSupreme Court of the United States · 1959
  3. Continental Tie & Lumber Co. v. United StatesSupreme Court of the United States · 1932
  4. Detroit Edison Co. v. CommissionerSupreme Court of the United States · 1943
  5. Edwards v. Cuba RailroadSupreme Court of the United States · 1925

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3Cited by6 opinions

  1. Hayutin v. CommissionerCourt of Appeals for the Tenth Circuit · 1974
  2. Affiliated Government Employees' Distributing Company, a Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1963
  3. James Hotel Company, Tower Club, Inc., and Palace Building Company v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1963
  4. FEDERAL EMPLOYEES'DISTRIBUTING COMPANY v. United StatesDistrict Court, S.D. California · 1962
  5. No. 73-1756Court of Appeals for the Tenth Circuit · 1975

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

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