Legal Opinion

Stephens, Inc., and Cross-Appellant v. United States of America, and Cross-Appellee

Court of Appeals for the Eighth Circuit

Decided August 22, 1972No. 71-1571 and 71-1586PublishedCited by 15 opinions

1Opinion of the Court

LAY, Circuit Judge.

This is an appeal arising out of a judgment in the sum of $576,424.63 in favor of the taxpayer in a suit for refund of taxes. The focal issue turns on whether the claim of the taxpayer, Stephens, Incorporated, that it was acting as a securities dealer when handling the stocks of five separate corporations, is correct. The district court held that as to four of these corporate stocks — Hollis & Company, V. E. Schevenell, Incorporated, Tuf-Nut Company and Public Utilities Company of Crossett, Arkansas —the taxpayer qualified as a “dealer,” thus enabling it to claim certain…

2Cases cited42 opinions

  1. Commissioner v. GordonSupreme Court of the United States · 1968
  2. J. E. Davant and Kathryn Davant v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. J. E. Davant and Kathryn DavantCourt of Appeals for the Fifth Circuit · 1966
  3. American Bantam Car Co. v. CommissionerUnited States Tax Court · 1948
  4. Lewis v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1949
  5. Stern Bros. & Co. v. CommissionerUnited States Tax Court · 1951

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3Cited by15 opinions

  1. Laureys v. CommissionerUnited States Tax Court · 1989
  2. McDonald's of Zion, 432, Ill., Inc. v. CommissionerUnited States Tax Court · 1981
  3. Dunn Trust v. CommissionerUnited States Tax Court · 1986
  4. Arkansas Best Corp. v. CommissionerCourt of Appeals for the Eighth Circuit · 1986
  5. Mid City Bank, Inc. v. Douglas County Board of EqualizationNebraska Supreme Court · 2000

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