Legal Opinion

Bothin Real Estate Co. v. Commissioner of Internal Revenue

Court of Appeals for the Ninth Circuit

Decided May 24, 1937No. 8362PublishedCited by 3 opinions

1Opinion of the Court

GARRECHT, Circuit Judge.

This case involves corporate income taxes for the year 1928 and comes to this court by petition to review a decision of the United States Board of Tax Appeals entered August 14, 1936.

The question for decision here presented is, Should the basis of determination of gain or loss upon the disposition by petitioner of stock transferred to it without consideration by petitioner’s sole stockholder be, (1) the cost of the stock to the stockholder, or (2) the fair market value of the stock at the time of the transfer to petitioner?

The applicable statute involved will be found…

2Cases cited5 opinions

  1. Gray v. . BartonNew York Court of Appeals · 1873
  2. King v. United StatesCourt of Appeals for the Fourth Circuit · 1935
  3. Curriden v. ChandlerSupreme Court of New Hampshire · 1919
  4. King v. United StatesDistrict Court, D. Maryland · 1935
  5. Commissioner of Internal Revenue v. Rosenbloom Finance CorporationCourt of Appeals for the Third Circuit · 1933

3Cited by3 opinions

  1. Stephen F. Heringer, Mabel H. Heringer, John F. Heringer, and Alta G. Heringer v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1956
  2. Banks v. CommissionerUnited States Tax Court · 1952
  3. Banks v. CommissionerUnited States Tax Court · 1952

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