Legal Opinion

Maysteel Products, Inc. v. Commissioner

United States Tax Court

Decided March 17, 1960No. Docket No. 67105PublishedCited by 40 opinions

Petitioner purchased bonds at a premium with the earliest call date upon 30 days' notice. After holding the bonds 30 days it donated them to a charitable institution. A deduction was taken in its income tax return for the bond premium under section 125, I.R.C. 1939, and a further deduction taken in the amount of its equity in the bonds as a charitable contribution.

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Petitioner purchased bonds at a premium with the earliest call date upon 30 days' notice. After holding the bonds 30 days it donated them to a charitable institution. A deduction was taken in its income tax return for the bond premium under section 125, I.R.C. 1939, and a further deduction taken in the amount of its equity in the bonds as a charitable contribution. Held, the purchase of bonds at a premium and their contribution must be viewed as a single gift transaction which does not give rise to a bond premium deduction under sections 125 and 23(v). Held, further, that the fair market…

1Opinion of the Court

Withey, Judge:

The respondent has determined a deficiency in the income tax of petitioner for the fiscal year ended November 30, 1953, in the amount of $21,479.42. Petitioner claims an overpayment for that year in the amount of $85.37.

The issues for determination are (1) whether petitioner is entitled to a deduction of $12,250 for an amortizable bond premium in the manner provided by section 125 of the Internal Revenue Code of 1939 and (2) whether petitioner is entitled to the deduction of $17,131.49 for a gift to a charitable institution for that year.

FINDINGS OF FACT.

Some of the facts have…

2Cases cited8 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Superior Oil Co. v. Mississippi Ex Rel. KnoxSupreme Court of the United States · 1930
  3. Jones v. HelveringCourt of Appeals for the D.C. Circuit · 1934
  4. Lynch v. CommissionerUnited States Tax Court · 1959
  5. Shoenberg v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1935

3 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Hanover Bank v. CommissionerSupreme Court of the United States · 1962
  2. Skripak v. CommissionerUnited States Tax Court · 1985
  3. Bridges v. CommissionerUnited States Tax Court · 1963
  4. Waller v. CommissionerUnited States Tax Court · 1963
  5. Fabreeka Products Co. v. CommissionerCourt of Appeals for the First Circuit · 1961

35 more not listed; retrieve them via the Exa API.

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