Legal Opinion

Gage Bros. & Co. v. Commissioner

United States Tax Court

Decided September 30, 1949No. Docket No. 17273Published

1. Merger under Illinois statute held not to entitle resulting corporation to its predecessor's equity invested capital for purposes of excess profits tax. 2. Arm's length transaction between creditors and debtor corporation's stockholders which resulted in settlement of obligation and transfer of the business to petitioner, a new corporation in which creditors and old stockholders had control and the interests of the parties were substantially unaltered, held to have…

Read the full summary

1. Merger under Illinois statute held not to entitle resulting corporation to its predecessor's equity invested capital for purposes of excess profits tax. 2. Arm's length transaction between creditors and debtor corporation's stockholders which resulted in settlement of obligation and transfer of the business to petitioner, a new corporation in which creditors and old stockholders had control and the interests of the parties were substantially unaltered, held to have constituted a nontaxable exchange under Internal Revenue Code, section 112 (b) (5), Alexander R. Duncan, 9 T. C. 468,…

1Opinion of the Court

Gage Brothers and Company, an Illinois Corporation, Petitioner, v. Commissioner of Internal Revenue, Respondent

Gage Bros. & Co. v. Commissioner

Docket No. 17273

United States Tax Court

13 T.C. 472; 1949 U.S. Tax Ct. LEXIS 72;

September 30, 1949, Promulgated

Decision will be entered under Rule 50.

1. Merger under Illinois statute held not to entitle resulting corporation to its predecessor's equity invested capital for purposes of excess profits tax.

2. Arm's length transaction between creditors and debtor corporation's stockholders which resulted in settlement of obligation and transfer of the…

2Cases cited15 opinions

  1. New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
  2. Burnet v. HarmelSupreme Court of the United States · 1932
  3. Moline Properties, Inc. v. CommissionerSupreme Court of the United States · 1943
  4. Interstate Transit Lines v. CommissionerSupreme Court of the United States · 1943
  5. Helvering v. Alabama Asphaltic Limestone Co.Supreme Court of the United States · 1942

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API