Anton v. Commissioner
United States Tax Court
Assignment of Income -- Dividend -- Gift of Shares After Declaration but Just Before Record and Payment Date. -- Two fathers, controlling stockholders of a personal holding corporation which declared a dividend on April 17, 1953, to offset an admitted deficiency in personal holding company surtax, gave some of their shares to their children on May 9, the day before the record date and payment date set in the declaration of the dividend.
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Assignment of Income -- Dividend -- Gift of Shares After Declaration but Just Before Record and Payment Date. -- Two fathers, controlling stockholders of a personal holding corporation which declared a dividend on April 17, 1953, to offset an admitted deficiency in personal holding company surtax, gave some of their shares to their children on May 9, the day before the record date and payment date set in the declaration of the dividend. Held, the Commissioner did not err in taxing the dividends on those shares to the fathers. Helvering v. Horst, 311 U.S. 112.
1Opinion of the Court
OPINION.
Murdock, Judge:
The Commissioner determined deficiencies in income tax for 1953 of $13,605.96 against Mark G. and Adele B. Anton, and $4,617.86 against the Estate of Thalia E. Graff Smith and Sylvester C. Smith, Jr. The question for decision is whether Mark and Sylvester realized taxable income from a dividend paid to their children on personal holding company stock which they had given to their children prior to the declaration and record date of the dividend. All of the facts have been stipulated and are hereby found as stipulated.
The Antons and Smiths were married couples during…
2Cases cited13 opinions
- Lucas v. EarlSupreme Court of the United States · 1930
- Helvering v. HorstSupreme Court of the United States · 1940
- Martindell v. Fiduciary Counsel, Inc.Supreme Court of New Jersey · 1943
- Crellin's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1953
- Holmes v. CommissionerUnited States Tax Court · 1943
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- S. C. Johnson & Son, Inc. v. CommissionerUnited States Tax Court · 1975
- Allen v. CommissionerUnited States Tax Court · 1976
- Friedman v. CommissionerUnited States Tax Court · 1963
- Estate of Applestein v. CommissionerUnited States Tax Court · 1983
- Rubber Associates, Inc. v. CommissionerUnited States Tax Court · 1963
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