Legal Opinion

Miller v. Commissioner

United States Board of Tax Appeals

Decided January 29, 1932No. Docket No. 36075Published

The cancellation by a corporation, with the consent of its shareholders, of a debt from its president, who was its largest shareholder, created by withdrawals over a period of years, the corporation at the time of cancellation having substantial surplus and the debtor being solvent, is not a tax-free gift, but is taxable as a dividend.

1Opinion of the Court

HUGH H. MILLER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Miller v. Commissioner

Docket No. 36075.

United States Board of Tax Appeals

25 B.T.A. 418; 1932 BTA LEXIS 1529;

January 29, 1932, Promulgated

The cancellation by a corporation, with the consent of its shareholders, of a debt from its president, who was its largest shareholder, created by withdrawals over a period of years, the corporation at the time of cancellation having substantial surplus and the debtor being solvent, is not a tax-free gift, but is taxable as a dividend.

M. manning Marcus, Esq., for the petitioner.

James…

2Cases cited1 opinion

  1. Miller v. CommissionerUnited States Board of Tax Appeals · 1932

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