Legal Opinion

Duarte v. Commissioner

United States Tax Court

Decided May 19, 1965No. Docket No. 2046-63PublishedCited by 24 opinions

The principal petitioner purported to transfer 50 percent of the stock in a wholly owned corporation to his two children, and then elected to have the corporation taxed as a subchapter S corporation under sections 1371-1377 of the 1954 Code. Held, that said transfers of stock were not bona fide and lacked economic reality; and accordingly, that all of the taxable income of the corporation is taxable to said principal petitioner.

1Opinion of the Court

Pierce, Judge:

Respondent determined a deficiency in income tax against petitioners in the amount of $5,970.45 for the taxable year 1959.

The issues for decision are:(1) Whether the principal petitioner’s purported transfers to his two children of 50 percent of his stock in a wholly owned business corporation, which he then elected to have taxed as a subchapter S corporation under sections 1371-1377 of the 1954 Code, were bona fide and economically real; or whether the transfers were in form only and lacked economic substance, so as to make all of the taxable income of the corporation…

2Cases cited4 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Knetsch v. United StatesSupreme Court of the United States · 1960
  3. Acuff v. CommissionerUnited States Tax Court · 1960
  4. Roy C. Acuff, and Wife, Mildred Acuff v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1961

3Cited by24 opinions

  1. Hook v. CommissionerUnited States Tax Court · 1972
  2. Hang v. CommissionerUnited States Tax Court · 1990
  3. William B. Wilson v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1977
  4. Beirne v. CommissionerUnited States Tax Court · 1969
  5. Gino A. Speca and Vera Speca v. Commissioner of Internal Revenue, Joseph F. Madrigrano and Shirley M. Madrigrano v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1980

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