Legal Opinion

Commissioner of Internal Revenue v. Brooklyn Radio Service Corp.

Court of Appeals for the Second Circuit

Decided December 2, 1935No. 31PublishedCited by 9 opinions

1Opinion of the Court

AUGUSTUS N. HAND, Circuit Judge.

On December 28, 1928, the board of directors of the Brooklyn Radio Corporation adopted the following resolution:

“Resolved: That Mr. Benjamin Ginsberg, the President of this corporation receive a salary for the year 1929 the sum of Twelve Thousand ($12,000.00), payable $1,000.00 per month, plus 2% of the net sales for the year 1929, with the understanding however, that such 2% of the net sales he not paid to him as long as the corporation is indebted to Finance Companies on account of its own insufficiency of working capital or to any banks, and in no event…

2Cases cited6 opinions

  1. Lucas v. American Code Co.Supreme Court of the United States · 1930
  2. Helvering v. Russian Finance & Construction CorporationCourt of Appeals for the Second Circuit · 1935
  3. Commissioner of Internal Revenue v. Old Dominion SS Co.Court of Appeals for the Second Circuit · 1931
  4. Automobile Ins. Co. of Hartford v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1934
  5. Lucas v. Providence Coal Min. Co.Court of Appeals for the Sixth Circuit · 1932

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. H. Liebes & Co. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1937
  2. Guardian Investment Corporation v. Robert L. Phinney, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1958
  3. United Control Corp. v. CommissionerUnited States Tax Court · 1962
  4. Prudence Securities Corporation v. Com'r of Int. Rev.Court of Appeals for the Second Circuit · 1943
  5. Reynolds Metals Co. v. CommissionerUnited States Tax Court · 1977

4 more not listed; retrieve them via the Exa API.

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