Legal Opinion

United States v. Stern Bros.

Court of Appeals for the Eighth Circuit

Decided June 24, 1943No. 12521PublishedCited by 5 opinions

1Opinion of the Court

THOMAS, Circuit Judge.

This is an appeal by the United States from a judgment in favor of Stern Brothers & Co., a corporation, in a suit to1 recover income taxes claimed to have been erroneously assessed by the Commissioner of Internal Revenue for the taxable year 1936. Stern Bros. & Co. v. United States, D.C., 45 F.Supp. 583.

On November 9, 1934, the taxpayer, in order to accommodate one of its stockholders, purchased 50 shares of its own capital stock for $5,000. The stock was held in its treasury until November 10, 1936, when the same shares were sold to one of its officers for $9,871.45.…

2Cases cited5 opinions

  1. COMMISSION OF INT. REV. v. Air Reduction Co.Court of Appeals for the Second Circuit · 1942
  2. Helvering v. Edison Bros. Stores, Inc.Court of Appeals for the Eighth Circuit · 1943
  3. Allen v. National Manufacture & Stores CorporationCourt of Appeals for the Fifth Circuit · 1942
  4. BROWN SHOE CO., Inc. v. CommissionerCourt of Appeals for the Eighth Circuit · 1943
  5. Stern Bros. & Co. v. United StatesDistrict Court, W.D. Missouri · 1942

3Cited by5 opinions

  1. Commissioner of Internal Revenue v. Landers CorpCourt of Appeals for the Sixth Circuit · 1954
  2. Commissioner of Internal Revenue v. H. W. Porter & Co., Inc.Court of Appeals for the Third Circuit · 1951
  3. Anderson, Clayton & Co. v. United StatesUnited States Court of Claims · 1954
  4. Edwin L. Wiegand Co. v. United StatesUnited States Court of Claims · 1945
  5. Aviation Capital, Inc. v. PedrickDistrict Court, S.D. New York · 1944

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