Legal Opinion

Unitex Industries, Inc. v. Commissioner of Internal Revenue

Court of Appeals for the Fifth Circuit

Decided May 21, 1959No. 17520PublishedCited by 2 opinions

1Per curiam

The Tax Court decided that certain payments made by the petitioner, Unitex Industries, Inc., were to be treated, for Federal income tax purposes, as dividends on its preferred stock rather than as deductible interest expense. Unitex Industries, Inc. v. Commissioner, 30 T.C. 468. We find ourselves in agreement with the determination of the Tax Court. See United States v. South Georgia Railway Co., 5 Cir., 1939, 107 F.2d 3; Staked Plains Trust, Ltd. v. Commissioner, 5 Cir., 1944, 143 F.2d 421; Hercules Gasoline Co. v. Commissioner, 5 Cir., 1945, 147 F.2d 972, affirmed 326 U.S. 425, 66 S.Ct.…

2Cases cited5 opinions

  1. United States v. South Georgia Ry. Co.Court of Appeals for the Fifth Circuit · 1939
  2. Hercules Gasoline Co. v. CommissionerSupreme Court of the United States · 1946
  3. Staked Plains Trust, Ltd. v. CommissionerCourt of Appeals for the Fifth Circuit · 1944
  4. Unitex Industries, Inc. v. CommissionerUnited States Tax Court · 1958
  5. Hercules Gasoline Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1945

3Cited by2 opinions

  1. Dixon v. CommissionerUnited States Tax Court · 1991
  2. Raleigh Properties, Inc. v. CommissionerUnited States Tax Court · 1962

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