Legal Opinion

Byrne v. Commissioner

United States Tax Court

Decided December 3, 1975No. Docket Nos. 3315-74, 3316-74Published

Petitioners were shareholders of X corporation, which owned an office building. On June 6, 1969, the president of X, who was also a shareholder, met with one of the other shareholders to discuss the liquidation of X in kind and sent a memorandum of that meeting to the other shareholders. On June 23, 1969, all the shareholders met and agreed to proceed promptly with the liquidation.

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Petitioners were shareholders of X corporation, which owned an office building. On June 6, 1969, the president of X, who was also a shareholder, met with one of the other shareholders to discuss the liquidation of X in kind and sent a memorandum of that meeting to the other shareholders. On June 23, 1969, all the shareholders met and agreed to proceed promptly with the liquidation. On Dec. 31, 1969, X was liquidated and its assets were transferred to the shareholders, who thereafter held the property as partners. Held, there was not "a written contract for the acquisition of [sec. 1250]…

1Opinion of the Court

Matthew V. Byrne and Elvira C. Byrne, Petitioners v. Commissioner of Internal Revenue, Respondent; Gordon P. Schopfer and Rhonda F. Schopfer, Petitioners v. Commissioner of Internal Revenue, Respondent

Byrne v. Commissioner

Docket Nos. 3315-74, 3316-74

United States Tax Court

65 T.C. 473; 1975 U.S. Tax Ct. LEXIS 17;

December 3, 1975, Filed

Decisions will be entered under Rule 155.

Petitioners were shareholders of X corporation, which owned an office building. On June 6, 1969, the president of X, who was also a shareholder, met with one of the other shareholders to discuss the liquidation of X in…

2Cases cited12 opinions

  1. Bingler v. JohnsonSupreme Court of the United States · 1969
  2. Commissioner v. BrownSupreme Court of the United States · 1965
  3. Commissioner v. National Alfalfa Dehydrating & Milling Co.Supreme Court of the United States · 1974
  4. Helvering v. Northwest Steel Rolling Mills, Inc.Supreme Court of the United States · 1940
  5. Schultz v. CommissionerUnited States Tax Court · 1968

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