Legal Opinion

L. C. Bohart Plumbing & Heating Co. v. Commissioner

United States Tax Court

Decided July 21, 1975No. Docket No. 6871-73Published

B Corp. adopted a plan of liquidation pursuant to which it distributed all of its assets to its sole shareholder within 24 months of adopting the plan. B Corp. did not designate any part of the distribution as a dividend. On its final Federal income tax return B Corp. did not identify itself as a personal holding company nor did it attach thereto Schedule PH which is required in the case of a personal holding company.

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B Corp. adopted a plan of liquidation pursuant to which it distributed all of its assets to its sole shareholder within 24 months of adopting the plan. B Corp. did not designate any part of the distribution as a dividend. On its final Federal income tax return B Corp. did not identify itself as a personal holding company nor did it attach thereto Schedule PH which is required in the case of a personal holding company. In the following year an agent of the Internal Revenue Service tentatively determined that B Corp. was a personal holding company and had undistributed personal holding company…

1Opinion of the Court

L. C. Bohart Plumbing & Heating Co., Inc., Petitioner v. Commissioner of Internal Revenue, Respondent

L. C. Bohart Plumbing & Heating Co. v. Commissioner

Docket No. 6871-73

United States Tax Court

64 T.C. 602; 1975 U.S. Tax Ct. LEXIS 109;

July 21, 1975, Filed

Decision will be entered for the respondent.

B Corp. adopted a plan of liquidation pursuant to which it distributed all of its assets to its sole shareholder within 24 months of adopting the plan. B Corp. did not designate any part of the distribution as a dividend. On its final Federal income tax return B Corp. did not identify itself as a…

2Cases cited28 opinions

  1. Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
  2. Bingler v. JohnsonSupreme Court of the United States · 1969
  3. Brewster v. GageSupreme Court of the United States · 1930
  4. Sanford v. CommissionerUnited States Tax Court · 1968
  5. William F. Sanford v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1969

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