Legal Opinion
Lewis v. Commissioner
Court of Appeals for the First Circuit
Decided March 17, 1994No. 93-1365PublishedCited by 44 opinions
1Opinion of the Court
BREYER, Chief Judge.
Alan and Harriet Lewis appeal from a Tax Court decision assessing taxes upon $1,062,-500, which a Lewis-controlled corporation called “ILT” distributed to the Lewises in 1984. In the Tax Court’s view, that money represented an ILT “dividend,” paid to the Lewises at that time. See I.R.C. § 301(a), (e)(1) — (3) (1986). The Lewises disagree. They point out that a “dividend” must come from a corporation’s “earnings and profits.” See id. § 316(a). And, they argue, ILT had no “earnings and profits,” either in or before 1984, from which it might have paid a “dividend” in 1984.…
2Cases cited8 opinions
- Ross v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1948
- Clemon J. And Ivy C. Herrington v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1988
- Mayfair Minerals, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1972
- William S. Hagaman, Bonnie C. Hagaman v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1992
- The Crosley Corporation v. United StatesCourt of Appeals for the Sixth Circuit · 1956
3 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Mikulski v. Centerior Energy Corp.Court of Appeals for the Sixth Circuit · 2007
- Eagan v. United StatesCourt of Appeals for the First Circuit · 1996
- Estate of Hilda Ashman v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2000
- Estate of Letts v. CommissionerUnited States Tax Court · 1997
- In Re Baker Hughes IncorporatedCourt of Appeals for the Federal Circuit · 2000
39 more not listed; retrieve them via the Exa API.