Legal Opinion

Glacier State Electric Supply Co. v. Commissioner

United States Tax Court

Decided May 23, 1983No. Docket No. 4420-81PublishedCited by 17 opinions

P is a corporation organized in 1946. P's shares were issued in effect one-half each to X and Y. Z, X, and Y organized a second corporation (GSB) in 1953. The stock of GSB was issued one-third to Z and two-thirds to P. These parties executed buy/sell agreements. After amendments in 1969, the agreements provided that one-half of the GSB shares held by P would be redeemed upon the death of X or Y and that all of Z's shares would be redeemed upon Z's death.

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P is a corporation organized in 1946. P's shares were issued in effect one-half each to X and Y. Z, X, and Y organized a second corporation (GSB) in 1953. The stock of GSB was issued one-third to Z and two-thirds to P. These parties executed buy/sell agreements. After amendments in 1969, the agreements provided that one-half of the GSB shares held by P would be redeemed upon the death of X or Y and that all of Z's shares would be redeemed upon Z's death. X died in 1976. Pursuant to the buy/sell agreements, two redemptions occurred. P received a check plus a 5-year note in return for one-half…

1Opinion of the Court

Dawson, Judge:

Respondent determined deficiencies in petitioner’s Federal income taxes for the years 1976 and 1977 in the amounts of $7,350.71 and $38,943.17, respectively. Concessions have been made by the parties. The issues remaining for decision are:(1) Whether the step transaction doctrine should be applied to treat a contemporaneous redemption of a portion of the stock of petitioner’s subsidiary and a redemption of some of its own stock as a distribution of the subsidiary stock to the estate of a deceased shareholder of petitioner, followed by a redemption of that distributed stock…

2Cases cited26 opinions

  1. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  2. Higgins v. SmithSupreme Court of the United States · 1940
  3. Commissioner v. National Alfalfa Dehydrating & Milling Co.Supreme Court of the United States · 1974
  4. United States v. DavisSupreme Court of the United States · 1970
  5. Foster v. Comm'rUnited States Tax Court · 1983

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

3Cited by17 opinions

  1. Estate of Durkin v. CommissionerUnited States Tax Court · 1992
  2. Slawek v. CommissionerUnited States Tax Court · 1987
  3. Wentz v. CommissionerUnited States Tax Court · 1995
  4. Schneiderman v. CommissionerUnited States Tax Court · 1987
  5. Pabst Brewing Co. v. CommissionerUnited States Tax Court · 1995

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

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