Legal Opinion

Walker v. Commissioner

United States Board of Tax Appeals

Decided March 11, 1937No. Docket No. 73728Published

1. Basis of stock received pursuant to a statutory reorganization held determinable by the average method rather than under the first in, first out rule.

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1. Basis of stock received pursuant to a statutory reorganization held determinable by the average method rather than under the first in, first out rule. Christian W. Von Gunten,28 B.T.A. 702, followed. 2. Where, on the final sale of stock received pursuant to statutory reorganization, the unrecovered basis is ascertainable, that amount should be used to determine the amount of gain rather than to determine the amount that should have been used as the basis in prior sales and apply the remainder as the basis on the final sale. 3. Sale of stock on a "when issued" basis takes place in the year…

1Opinion of the Court

LEWIS K. WALKER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Walker v. Commissioner

Docket No. 73728.

United States Board of Tax Appeals

35 B.T.A. 640; 1937 BTA LEXIS 850;

March 11, 1937, Promulgated

1. Basis of stock received pursuant to a statutory reorganization held determinable by the average method rather than under the first in, first out rule. Christian W. Von Gunten,28 B.T.A. 702, followed.

2. Where, on the final sale of stock received pursuant to statutory reorganization, the unrecovered basis is ascertainable, that amount should be used to determine the amount of gain…

2Cases cited2 opinions

  1. Von Gunten v. CommissionerUnited States Board of Tax Appeals · 1933
  2. Walker v. CommissionerUnited States Board of Tax Appeals · 1937

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