Estate of Lammerts v. Commissioner
United States Tax Court
1. The liquidation of petitioner, Lammerts, Inc., followed by the incorporation of a new corporation carrying on the same business did not constitute a sec. 368(a)(1)(F) reorganization where (a) the liquidation was undertaken pursuant to the testamentary directions of petitioners' deceased shareholder, (b) the decision to incorporate the new corporation was arrived at independently of the decision to liquidate the old corporation, (c) the persons possessing the proprietary…
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1. The liquidation of petitioner, Lammerts, Inc., followed by the incorporation of a new corporation carrying on the same business did not constitute a sec. 368(a)(1)(F) reorganization where (a) the liquidation was undertaken pursuant to the testamentary directions of petitioners' deceased shareholder, (b) the decision to incorporate the new corporation was arrived at independently of the decision to liquidate the old corporation, (c) the persons possessing the proprietary interest in the new corporation were not predominantly the same as the persons possessing the proprietary interest in the…
1Opinion of the Court
Estate of Henry P. Lammerts, Deceased, Henry P. Lammerts, Jr. and Hildred K. Lammerts, Executors, et al., 1 Petitioners v. Commissioner of Internal Revenue, Respondent
Estate of Lammerts v. Commissioner
Docket Nos. 6819-65, 732-66, 733-66, 734-66
United States Tax Court
54 T.C. 420; 1970 U.S. Tax Ct. LEXIS 194;
March 10, 1970, Filed
Decisions will be entered under Rule 50 in docket Nos. 6819-65, 732-66, and 733-66.
Decision will be entered for the respondent in docket No. 734-66.
1. The liquidation of petitioner, Lammerts, Inc., followed by the incorporation of a new corporation carrying on the same…
Also in this document: Dissent · Tannenwald; Dissent · Sterrett.
2Cases cited59 opinions
- Gregory v. HelveringSupreme Court of the United States · 1935
- United States v. Cumberland Public Service Co.Supreme Court of the United States · 1950
- Pinellas Ice & Cold Storage Co. v. CommissionerSupreme Court of the United States · 1933
- Anderson v. HelveringSupreme Court of the United States · 1940
- Minnesota Tea Co. v. HelveringSupreme Court of the United States · 1938
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