Motter v. Patterson

The Fredonia Cement Company of New Jersey will be referred to herein as the New Jersey Corporation, and the Fredonia Cement Company of Delaware as the Delaware Corporation.

Where two methods are available by -which a transfer of corporate property may he effected, one of which results in taxable gain to the corporation and one does not, and the property is transferred, the question of whether a tax liability is incurred by the corporation must be determined from the meth- ^ it actually employed rather than the methl0¿ j¡t intended should be employed. United states v. Phellis, 257 U. S. 156,…