Legal Opinion
58th St. Plaza Theatre, Inc. v. Commissioner of Internal Revenue. Brecher v. Commissioner of Internal Revenue
Court of Appeals for the Second Circuit
Decided March 18, 1952No. 22174_1PublishedCited by 28 opinions
1Opinion of the Court
FRANK, Circuit Judge.
There is little to add to what the Tax Court has said. That Court found, on ample evidence, that a family-held corporation entered into a sub-lease to one of the stockholders at a rental very substantially less than the profits which, absent the sublease, there was every reason to believe the corporation would earn. The sub-lease involved no legitimate business purpose, for, in this context, avoidance of taxes is not included in that category. We have recently summarized the applicable doctrine in Kocin v. United States, 2 Cir., 187 F.2d 707, 708, where (after noting that…
2Cases cited13 opinions
- Gregory v. HelveringSupreme Court of the United States · 1935
- Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
- Higgins v. SmithSupreme Court of the United States · 1940
- Moline Properties, Inc. v. CommissionerSupreme Court of the United States · 1943
- United States v. Cumberland Public Service Co.Supreme Court of the United States · 1950
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Irving Sachs v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1960
- Federbush v. CommissionerUnited States Tax Court · 1960
- Louis Greenspon v. Commissioner of Internal Revenue, (Three Cases). Anna Greenspon v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1956
- United States v. 58th Street Plaza Theatre, Inc.District Court, S.D. New York · 1968
- Ayer v. Commissioner of AdministrationMassachusetts Supreme Judicial Court · 1960
23 more not listed; retrieve them via the Exa API.