Legal Opinion

Nowland Realty Co. v. Commissioner of Internal Revenue

Court of Appeals for the Seventh Circuit

Decided March 11, 1931No. 4380PublishedCited by 10 opinions

1Opinion of the CourtEvans, Circuit Judge

(after stating the facts as above).

Petitioner contended that the organization of petitioner and the concurrent leasing of the property to Schmidt were for the sole purpose of procuring the desired loan; that this purpose was effected through the issuance and sale of the preferred stock; that the obligation to repay the loan by retiring the preferred stock in installments corresponded with the obligation of a mortgagor to make serial repayments of the horro wed principal; and, lastly, that the payments made by him constituted additional capital contributions and not items of current income to…

2Cases cited4 opinions

  1. Arthur R. Jones Syndicate v. Commissioner of I. RevenueCourt of Appeals for the Seventh Circuit · 1927
  2. United Thacker Coal Co. v. Commissioner of Int. Rev.Court of Appeals for the First Circuit · 1931
  3. Brownsville Coal & Coke Co. v. HeinerDistrict Court, W.D. Pennsylvania · 1930
  4. Bowe-Burke Mining Co. v. WillcutsDistrict Court, D. Minnesota · 1927

3Cited by10 opinions

  1. Interstate Fire Insurance Company v. United StatesDistrict Court, E.D. Tennessee · 1963
  2. Knudson v. City of DecorahSupreme Court of Iowa · 2000
  3. River Brand Rice Mills, Inc. v. General Foods CorporationCourt of Appeals for the Fifth Circuit · 1964
  4. Morrisdale Coal Co. v. CommissionerCourt of Appeals for the Third Circuit · 1938
  5. Duesenberg, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1936

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