Legal Opinion

Tollefsen v. Commissioner

United States Tax Court

Decided July 24, 1969No. Docket No. 1743-67Published

T owned all the stock in A corporation. A corporation was in turn the sole shareholder of B corporation. B corporation sold for cash all its assets and manufacturing rights within the continental United States to a party unrelated to T and became inactive. Thereafter, T immediately began making cash withdrawals from B corporation which were evidenced by non-interest-bearing "notes."

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T owned all the stock in A corporation. A corporation was in turn the sole shareholder of B corporation. B corporation sold for cash all its assets and manufacturing rights within the continental United States to a party unrelated to T and became inactive. Thereafter, T immediately began making cash withdrawals from B corporation which were evidenced by non-interest-bearing "notes." Held, the net withdrawals from B corporation during the year in issue were not bona fide loans to T but, as a result of T's control over A and B corporations, were constructive dividends to T from A corporation.

1Opinion of the Court

George R. Tollefsen and Margaret A. Tollefsen, Petitioners v. Commissioner of Internal Revenue, Respondent

Tollefsen v. Commissioner

Docket No. 1743-67

United States Tax Court

52 T.C. 671; 1969 U.S. Tax Ct. LEXIS 89;

July 24, 1969, Filed

Decision will be entered for the respondent.

T owned all the stock in A corporation. A corporation was in turn the sole shareholder of B corporation. B corporation sold for cash all its assets and manufacturing rights within the continental United States to a party unrelated to T and became inactive. Thereafter, T immediately began making cash withdrawals from B…

2Cases cited14 opinions

  1. Automobile Club of Mich. v. CommissionerSupreme Court of the United States · 1957
  2. Dixon v. United StatesSupreme Court of the United States · 1965
  3. Caldwell v. Commissioner of Internal Revenue. Commissioner of Internal Revenue v. CaldwellCourt of Appeals for the Second Circuit · 1953
  4. Wiese v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1938
  5. Meyer v. CommissionerUnited States Board of Tax Appeals · 1941

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