Legal Opinion
Bowersock Mills & Power Co. v. Commissioner of Int. Rev.
Court of Appeals for the Tenth Circuit
Decided February 9, 1949No. 3673PublishedCited by 17 opinions
1Opinion of the Court
MURRAH, Circuit Judge.
The only question presented by this appeal is whether, for income tax purposes, an item of $18,000.00 paid by the petitioner, taxpayer, as “preferred stock interest” during the taxable year 1943, was interest on indebtedness, hence deductible under Section 23(b) of the Internal Revenue Code,1 or dividends on stock and subject to tax. This item was not claimed in the income tax return for the year 1943, but was later asserted by a claim for refund. The Tax Court sustained the Commissioner’s disallowance of the claim', and the petitioner has appealed.
The question is…
2Cases cited9 opinions
- Commissioner of Internal Revenue v. OPP Holding Corp.Court of Appeals for the Second Circuit · 1935
- Commissioner of Internal Revenue v. Proctor ShopCourt of Appeals for the Ninth Circuit · 1936
- United States v. Title Guarantee & Trust Co.Court of Appeals for the Sixth Circuit · 1943
- Helvering v. Richmond, F. & P. R. Co.Court of Appeals for the Fourth Circuit · 1937
- Jewel Tea Co. v. United StatesCourt of Appeals for the Second Circuit · 1937
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Gooding Amusement Co. v. CommissionerUnited States Tax Court · 1954
- Estate of Travis Mixon, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1972
- Gooding Amusement Co. v. CommissionerCourt of Appeals for the Sixth Circuit · 1956
- McSorley's, Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 1963
- Kurz v. United StatesDistrict Court, S.D. New York · 1957
12 more not listed; retrieve them via the Exa API.