Community TV Association of Havre v. United States
District Court, D. Montana
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
- Commissioner v. P. G. Lake, Inc.Supreme Court of the United States · 1958
- Commissioner v. HansenSupreme Court of the United States · 1959
- Continental Tie & Lumber Co. v. United StatesSupreme Court of the United States · 1932
- Detroit Edison Co. v. CommissionerSupreme Court of the United States · 1943
- Edwards v. Cuba RailroadSupreme Court of the United States · 1925
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3Cited by6 opinions
- Hayutin v. CommissionerCourt of Appeals for the Tenth Circuit · 1974
- Affiliated Government Employees' Distributing Company, a Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1963
- James Hotel Company, Tower Club, Inc., and Palace Building Company v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1963
- FEDERAL EMPLOYEES'DISTRIBUTING COMPANY v. United StatesDistrict Court, S.D. California · 1962
- No. 73-1756Court of Appeals for the Tenth Circuit · 1975
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