Legal Opinion

Danenberg v. Commissioner

United States Tax Court

Decided November 27, 1979No. Docket No. 2103-76PublishedCited by 51 opinions

1. P was heavily in debt to B. As part of the settlement of such debt, P sold various items of collateral to third parties and transferred his stock in his wholly owned subch. S corporation to a nominee of B. He arranged that the proceeds of such dispositions be forwarded directly to B and applied to reduce his debt. After the liquidation of all P's collateral, B discharged P from any further liability on his indebtedness. P was insolvent at the time of such discharge.

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1. P was heavily in debt to B. As part of the settlement of such debt, P sold various items of collateral to third parties and transferred his stock in his wholly owned subch. S corporation to a nominee of B. He arranged that the proceeds of such dispositions be forwarded directly to B and applied to reduce his debt. After the liquidation of all P's collateral, B discharged P from any further liability on his indebtedness. P was insolvent at the time of such discharge. Held: The dispositions of the collateral by P were sales of such collateral, and P realized gain or loss on such sales…

1Opinion of the Court

Simpson, Judge:

The Commissioner determined a deficiency of $64,683.60 in the petitioners’ Federal income tax for 1971 and an addition to tax of $32,341.80 under section 6653(b) of the Internal Revenue Code of 1954.1 The Commissioner has conceded certain issues, and the issues remaining for decision are: (1) Whether the petitioners must recognize gain or loss as a result of the disposition of certain of their properties which had been given as collateral for their indebtedness even though they were insolvent at the time of such disposition; (2) whether the petitioner’s transfer of his stock in…

2Cases cited40 opinions

  1. Chris D. Stoltzfus and Irma H. Stoltzfus v. United StatesCourt of Appeals for the Third Circuit · 1968
  2. Bolen Webb and Cornelia Webb v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1968
  3. United States v. Kirby Lumber CoSupreme Court of the United States · 1931
  4. Helvering v. HammelSupreme Court of the United States · 1941
  5. Acker v. CommissionerUnited States Tax Court · 1956

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

3Cited by51 opinions

  1. Frazier v. CommissionerUnited States Tax Court · 1998
  2. OKC Corp. v. CommissionerUnited States Tax Court · 1984
  3. Gehl v. CommissionerUnited States Tax Court · 1994
  4. Preslar v. CommissionerCourt of Appeals for the Tenth Circuit · 1999
  5. 2925 Briarpark, Ltd. v. CommissionerCourt of Appeals for the Fifth Circuit · 1999

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

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