Legal Opinion
Cuyuna Realty Company v. The United States
United States Court of Claims
Decided July 20, 1967No. 326-63PublishedCited by 45 opinions
1Opinion of the Court
OPINION
LARAMORE, Judge *
This is but another version of the debt-versus-equity controversy arising so frequently in the tax field. The facts are simple; they involve the deductibility of accrued and unpaid interest on demand notes given to a parent corporation by its wholly-owned and always-insolvent subsidiary.
In 1912 Cuyuna was organized under Minnesota laws as a subsidiary of Northwestern Improvement Company (NWI) which paid $10,000 par value for all of Cuyuna’s authorized and issued capital stock. NWI organized Cuyuna and two other subsidiaries at about the same time to transfer to them…
2Cases cited12 opinions
- Burnet v. Sanford & Brooks Co.Supreme Court of the United States · 1931
- John Kelley Co. v. CommissionerSupreme Court of the United States · 1946
- Kraft Foods Company v. Commissioner of Internal Revenue, (Two Cases)Court of Appeals for the Second Circuit · 1956
- O. H. Kruse Grain & Milling v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1960
- Jack Daniel Distillery, Lem Motlow, Prop., Inc. v. The United StatesUnited States Court of Claims · 1967
7 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Roth Steel Tube Company v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1986
- In the Matter of Uneco, Inc., Bankrupt. United States of America v. Uneco, Inc.Court of Appeals for the Eighth Circuit · 1976
- O'HAZZA v. Executive Credit Corp.Supreme Court of Virginia · 1993
- Georgia-Pacific Corp. v. CommissionerUnited States Tax Court · 1975
- Kean v. CommissionerUnited States Tax Court · 1988
40 more not listed; retrieve them via the Exa API.