Legal Opinion

Palmetto Quarries Co. v. Commissioner

United States Board of Tax Appeals

Decided April 27, 1934No. Docket No. 65683PublishedCited by 1 opinion

The distribution of corporate assets by one domestic corporation to another, together with a pro rata portion of the accumulated profits of such corporation, in the cancellation or redemption of its capital stock is, under the facts of this case, a distribution in partial liquidation as defined in subdivision (h) of section 115 of the Revenue Act of 1928.

1Opinion of the Court

OPINION.

Moeris:

The respondent has determined a deficiency in income tax of $1,980 for the taxable year 1929, and it is for the redetermination thereof that this proceeding is brought.

' The petitioner alleges and contends that error was committed by the respondent in that he failed to classify a distribution of $27,-782.68, made by the South Carolina Granite Corporation, as an ordinary dividend, it having been so classified in the return filed for the taxable year 1929.

The petitioner is a corporation, organized and incorporated under the laws of South Carolina in 1923, and has. its principal…

2Cases cited1 opinion

  1. Salt Lake Hardware Co. v. CommissionerUnited States Board of Tax Appeals · 1932

3Cited by1 opinion

  1. Palmetto Quarries Co. v. CommissionerUnited States Board of Tax Appeals · 1934

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