Legal Opinion
Phelps v. Commissioner
Court of Appeals for the Seventh Circuit
Decided December 4, 1931No. Nos. 4529-4531PublishedCited by 17 opinions
1Opinion of the CourtSparks, Circuit Judge
(after stating the facts as above).
There being no controversy over the facts, the sole question presented is whether the amounts, received by petitioners should be considered, for the purposes of taxation, as dividends under section 201, Revenue Act of 1921, c. 136, 42 Stat. 227, 228, as claimed by respondent, or as gains derived from sales of property under section 202 of the same statute (42 Stat. 229), as claimed by petitioners. So much of those sections as are pertinent are set forth in the margin.2
If, under the facts stated, we are hound by the plain meaning of the language employed in…
2Cases cited7 opinions
- Lucas v. EarlSupreme Court of the United States · 1930
- United States v. PhellisSupreme Court of the United States · 1921
- Burk-Waggoner Oil Assn. v. HopkinsSupreme Court of the United States · 1925
- Breslin v. Fries-Breslin Co.Supreme Court of New Jersey · 1904
- Remington Rand, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1929
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Paramount-Richards Theatres, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1946
- Commissioner of Internal Revenue v. SansomeCourt of Appeals for the Second Circuit · 1932
- Ruth T. Lengsfield, Coralie Mayer Lengsfield and Blanche L. Brown v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1957
- Uniform Printing & Supply Co. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1937
- SA MacQueen Co. v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1933
12 more not listed; retrieve them via the Exa API.