Legal Opinion

Briggs-Darby Constr. Co. v. Commissioner

United States Board of Tax Appeals

Decided January 19, 1940No. Docket Nos. 90594, 90595, 90596, 90597Published

Petitioners issued all their capital stock to R. W. Briggs & Co. in exchange for a portion of the latter's machinery and equipment. The exchanges were made pursuant to contracts between R. W. Briggs & Co. and its superintendents whereby the superintendents were entitled to acquire a 45 percent interest in the business out of profits.

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Petitioners issued all their capital stock to R. W. Briggs & Co. in exchange for a portion of the latter's machinery and equipment. The exchanges were made pursuant to contracts between R. W. Briggs & Co. and its superintendents whereby the superintendents were entitled to acquire a 45 percent interest in the business out of profits. The depreciable assets were exchanged at a value in excess of their value on the books of R. W. Briggs & Co. Held, nontaxable exchanges occurred between R. W. Briggs & Co. and each of these petitioners, and the basis for depreciation is the same as it would be in…

1Opinion of the Court

BRIGGS-DARBY CONSTRUCTION CO., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

BRIGGS-KILLIAN COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

BRIGGS-SPENCE COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

W. M. THORNTON, INC., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Briggs-Darby Constr. Co. v. Commissioner

Docket Nos. 90594, 90595, 90596, 90597.

United States Board of Tax Appeals

41 B.T.A. 136; 1940 BTA LEXIS 1232;

January 19, 1940, Promulgated

Petitioners issued all their capital stock to R. W. Briggs & Co. in exchange for a…

2Cases cited1 opinion

  1. Briggs-Darby Constr. Co. v. CommissionerUnited States Board of Tax Appeals · 1940

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