Legal Opinion

Bird Management, Inc. v. Commissioner

United States Tax Court

Decided July 21, 1967No. Docket Nos. 2714-65, 2715-65Published

1. T. corp. adopted a plan to sell its business assets and liquidate within a year. It attempted to bring itself within sec. 337, I.R.C. 1954, and distributed all of its known assets to its sole stockholder within that year. Thereafter, two checks were issued to it as tax refunds which were immediately deposited in the sole stockholder's bank account.

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1. T. corp. adopted a plan to sell its business assets and liquidate within a year. It attempted to bring itself within sec. 337, I.R.C. 1954, and distributed all of its known assets to its sole stockholder within that year. Thereafter, two checks were issued to it as tax refunds which were immediately deposited in the sole stockholder's bank account. It does not appear that T knew of its rights in respect of those refunds during the year, and its rights in respect of one of them had not yet matured. Held, the loss on sale of assets was nonrecognizable under sec. 337, in view of failure of…

1Opinion of the Court

Bird Management, Inc., Petitioner v. Commissioner of Internal Revenue, Respondent; A. U. Bird Trust, Transferee, Sidney M. Bird, Trustee, Petitioner v. Commissioner of Internal Revenue, Respondent

Bird Management, Inc. v. Commissioner

Docket Nos. 2714-65, 2715-65

United States Tax Court

48 T.C. 586; 1967 U.S. Tax Ct. LEXIS 68;

July 21, 1967, Filed

Decisions will be entered under Rule 50.

1. T. corp. adopted a plan to sell its business assets and liquidate within a year. It attempted to bring itself within sec. 337, I.R.C. 1954, and distributed all of its known assets to its sole stockholder within…

2Cases cited23 opinions

  1. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  2. United States v. Cumberland Public Service Co.Supreme Court of the United States · 1950
  3. Geyer, Cornell & Newell, Inc. v. CommissionerUnited States Tax Court · 1946
  4. West Seattle National Bank of Seattle v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1961
  5. West Seattle Nat'l Bank v. CommissionerUnited States Tax Court · 1959

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