Legal Opinion

Rudolph Wurlitzer Co. v. Commissioner

United States Board of Tax Appeals

Decided November 24, 1933No. Docket Nos. 57800, 66769Published

Under the Constitution and statutes of the State of Illinois, all stockholders of an Illinois corporation are entitled to vote in all elections for directors.

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Under the Constitution and statutes of the State of Illinois, all stockholders of an Illinois corporation are entitled to vote in all elections for directors. The preferred stock of a corporation issued subject to a provision that it "shall have no voting power, except that if said dividends shall not be paid within one year after the expiration of any fiscal year" may not be considered "nonvoting stock" within the purview of section 141 of the Revenue Act of 1928, even though dividends are not in default.

1Opinion of the Court

THE RUDOLPH WURLITZER COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

THE WURLITZER GRAND PIANO COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Rudolph Wurlitzer Co. v. Commissioner

Docket Nos. 57800, 66769.

United States Board of Tax Appeals

29 B.T.A. 443; 1933 BTA LEXIS 943;

November 24, 1933, Promulgated

Under the Constitution and statutes of the State of Illinois, all stockholders of an Illinois corporation are entitled to vote in all elections for directors. The preferred stock of a corporation issued subject to a provision that it "shall have no…

2Cases cited6 opinions

  1. Luthy v. ReamIllinois Supreme Court · 1915
  2. Hall v. WoodsIllinois Supreme Court · 1927
  3. People ex rel. Watseka Telephone Co. v. EmmersonIllinois Supreme Court · 1922
  4. People Ex Rel. Weber v. CohnIllinois Supreme Court · 1930
  5. Rudolph Wurlitzer Co. v. CommissionerUnited States Board of Tax Appeals · 1933

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