Home Builders Lumber Co. v. Commissioner

WALLER, Circuit Judge.

Petitioner, a Texas corporation, was engaged in the business of selling real estate and the improvements thereon for a small down payment and small monthly payments over a long period of time. It elected to report its income from the sales of real estate on the installment basis. It was incorporated in 1923 by two stockholders, Barnes and Bledsoe, neither of whom actually contributed any capital. In 1932 Barnes withdrew and thereafter Bledsoe owned all, except one qualifying share, of the stock.

In 1935 the taxpayer executed to its sole stockholder, Bledsoe, a note in the…