Legal Opinion

Estate of Applestein v. Commissioner

United States Tax Court

Decided February 2, 1983No. Docket No. 4788-79Published

In late December, P received word of the proposed merger of corporation A into corporation B. P, a stockholder in both corporations, purchased large amounts of shares in corporation A. The merger was approved by the shareholders on Feb. 7, 1973, and shortly before its effective date, P transferred some of these shares in A to brokerage accounts for his two children. These shares were subsequently exchanged as per the merger agreement.

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In late December, P received word of the proposed merger of corporation A into corporation B. P, a stockholder in both corporations, purchased large amounts of shares in corporation A. The merger was approved by the shareholders on Feb. 7, 1973, and shortly before its effective date, P transferred some of these shares in A to brokerage accounts for his two children. These shares were subsequently exchanged as per the merger agreement. Held: P is taxable on the gain resulting from the merger exchange. The transfers to the children's accounts represented anticipatory assignments of income. P…

1Opinion of the Court

Estate of Margita Applestein, Deceased, Louis Applestein, Administrator, and Louis Applestein, Surviving Husband, Petitioners v. Commissioner of Internal Revenue, Respondent

Estate of Applestein v. Commissioner

Docket No. 4788-79

United States Tax Court

80 T.C. 331; 1983 U.S. Tax Ct. LEXIS 120; 80 T.C. No. 10;

February 2, 1983, Filed

Decision will be entered for the respondent.

In late December, P received word of the proposed merger of corporation A into corporation B. P, a stockholder in both corporations, purchased large amounts of shares in corporation A. The merger was approved by the…

2Cases cited35 opinions

  1. Helvering v. CliffordSupreme Court of the United States · 1940
  2. Lucas v. EarlSupreme Court of the United States · 1930
  3. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  4. Helvering v. HorstSupreme Court of the United States · 1940
  5. Helvering v. EubankSupreme Court of the United States · 1941

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