Legal Opinion

Humpage v. Commissioner

United States Tax Court

Decided March 31, 1952No. Docket Nos. 26855, 26856Published

Effect of Reorganization on Earnings. -- Accumulated earnings of a corporation do not survive a section 77B reorganization whereby the assets are acquired by a new corporation whose stock is acquired by creditors of the old corporation to the exclusion of stockholders. Commissioner v. Sansome, 60 F. 2d 931, is not applicable to a section 77B reorganization.

1Opinion of the Court

F. R. Humpage, Petitioner, v. Commissioner of Internal Revenue, Respondent. Estate of Carl G. Fisher, Deceased, F. R. Humpage and C. W. Chase, Jr., Executors, Petitioner, v. Commissioner of Internal Revenue, Respondent

Humpage v. Commissioner

Docket Nos. 26855, 26856

United States Tax Court

1952 U.S. Tax Ct. LEXIS 231; 17 T.C. 1625;

March 31, 1952, Promulgated

Decisions will be entered for the petitioners.

Effect of Reorganization on Earnings. -- Accumulated earnings of a corporation do not survive a section 77B reorganization whereby the assets are acquired by a new corporation whose stock is…

Also in this document: Dissent.

2Cases cited2 opinions

  1. Commissioner of Internal Revenue v. SansomeCourt of Appeals for the Second Circuit · 1932
  2. Humpage v. CommissionerUnited States Tax Court · 1952

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