Baker Land and Title Company v. United States

FINNEGAN, Circuit Judge.

Stipulated facts in a decision on a tax. refund claim, reported as Baker Land &. Title Co. v. United States, D.C.Wis.1954, 126 F.Supp. 561, underlie the judgment, of $2342.15 entered for plaintiff-taxpayer-Baker. By its appeal the government, crystallizes the core issue of whether-this corporate taxpayer’s distribution to-its common stockholders, of its own common stock prior to March 1, 1913 is to-be treated as a statutory distribution of' earnings and profits thereby becomingincludible in taxpayer’s equity invested, capital, within the reach of § 718(a) (3)- (A),…