Legal Opinion

Haag v. Commissioner

United States Tax Court

Decided June 4, 1963No. Docket Nos. 91191, 91192Published

A corporation which had formerly leased its business property from a stockholder found it necessary to acquire title to the property in order to obtain a $ 150,000 loan. The property which had a fair market value of $ 72,000 was purchased for $ 52,000 of preferred stock and the assumption of a $ 20,000 mortgage.

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A corporation which had formerly leased its business property from a stockholder found it necessary to acquire title to the property in order to obtain a $ 150,000 loan. The property which had a fair market value of $ 72,000 was purchased for $ 52,000 of preferred stock and the assumption of a $ 20,000 mortgage. The stockholder was also given an option to repurchase after the loan was repaid for the same $ 72,000 price despite the fact that one of the conditions of the loan was that at least $ 70,000 be used for building construction, and in fact more than $ 92,000 was spent in additions to…

1Opinion of the Court

William J. Haag and Edith C. Haag, Petitioners, v. Commissioner of Internal Revenue, Respondent; E. B. Sewall Manufacturing Company, Petitioner, v. Commissioner of Internal Revenue, Respondent

Haag v. Commissioner

Docket Nos. 91191, 91192

United States Tax Court

40 T.C. 488; 1963 U.S. Tax Ct. LEXIS 106;

June 4, 1963, Filed

Decisions will be entered under Rule 50.

A corporation which had formerly leased its business property from a stockholder found it necessary to acquire title to the property in order to obtain a $ 150,000 loan. The property which had a fair market value of $ 72,000 was purchased…

2Cases cited14 opinions

  1. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  2. Commissioner v. LoBueSupreme Court of the United States · 1956
  3. Commissioner v. SmithSupreme Court of the United States · 1945
  4. Palmer v. CommissionerSupreme Court of the United States · 1937
  5. Court Holding Co. v. CommissionerUnited States Tax Court · 1943

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