Legal Opinion
United States v. Title Guarantee & Trust Co.
Court of Appeals for the Sixth Circuit
Decided February 17, 1943No. 9155PublishedCited by 61 opinions
1Opinion of the Court
McALLISTER, Circuit Judge.
The question to be determined on this appeal is whether amounts paid by a corporation on certain certificates, designated as preferred stock, should be treated as interest payments on indebtedness, or as dividends on stock. The district court held that the payments were interest on indebtedness and, therefore, properly deductible from gross income for tax purposes under § 23, Title 26 U.S.C.A. Int.Rev.Code.
In 1929, appellee, the Title Guarantee and Trust Company, was engaged in the mortgage loan, and title and abstract business. Part of its capital stock consisted of…
2Cases cited18 opinions
- Warren v. KingSupreme Court of the United States · 1883
- Commissioner of Internal Revenue v. OPP Holding Corp.Court of Appeals for the Second Circuit · 1935
- Commissioner of Internal Revenue v. Proctor ShopCourt of Appeals for the Ninth Circuit · 1936
- United States v. South Georgia Ry. Co.Court of Appeals for the Fifth Circuit · 1939
- Helvering v. Richmond, F. & P. R. Co.Court of Appeals for the Fourth Circuit · 1937
13 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Jack Daniel Distillery, Lem Motlow, Prop., Inc. v. The United StatesUnited States Court of Claims · 1967
- Byerlite Corporation v. Parker C. Williams, District Director of Internal Revenue, Eighteenth District of OhioCourt of Appeals for the Sixth Circuit · 1960
- Gooding Amusement Co. v. CommissionerCourt of Appeals for the Sixth Circuit · 1956
- Thompson v. CommissionerUnited States Tax Court · 1976
- Ellis Campbell, Jr., District Director of Internal Revenue v. Carter Foundation Production CompanyCourt of Appeals for the Fifth Circuit · 1963
56 more not listed; retrieve them via the Exa API.