Legal Opinion

Ross Michael Simon Trust, Arline A. Simon, Trustee v. The United States

United States Court of Claims

Decided October 18, 1968No. 8-64Published

1Opinion of the Court

NICHOLS, Judge*

Plaintiff, an inter vivos trust, brought this suit to recover federal income taxes in the amount of $6,780.50 and deficiency interest thereon of $542.44, totaling *273$7,322.94, which it paid for the calendar year 1961.

The taxpayer trust owned certain shares of stock in the K. R. Simon Construction Company (hereinafter sometimes referred to as the “Simon Company” or “KRS”). At issue is the proper tax treatment of certain distributions to plaintiff from the Simon Company in 1961, when said corporation was liquidated. The basic question presented is whether the gain realized by…

2Cases cited18 opinions

  1. Commissioner v. GordonSupreme Court of the United States · 1968
  2. J. E. Davant and Kathryn Davant v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. J. E. Davant and Kathryn DavantCourt of Appeals for the Fifth Circuit · 1966
  3. James Armour, Inc. v. CommissionerUnited States Tax Court · 1964
  4. Pridemark, Inc. v. CommissionerUnited States Tax Court · 1964
  5. Reef Corporation v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Reef CorporationCourt of Appeals for the Fifth Circuit · 1966

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