Legal Opinion

Benedek v. Commissioner

Court of Appeals for the Second Circuit

Decided May 27, 1970No. Nos. 568-71, Dockets 33467-70PublishedCited by 1 opinion

1Opinion of the Court

HAYS, Circuit Judge.

We are here concerned with appeals from four decisions of the Tax Court which present, in a consolidated brief and appendix, the single issue of whether the Tax Court erred in holding certain corporate distributions to be attributable to collapsible assets and therefore taxable to the recipients as ordinary income rather than as capital gains. The Tax Court upheld the Commissioner in his determination of deficiencies totaling $1,228,659.19 in taxpayers’ income tax returns for 1950 and 1951.1

The facts are not in dispute.

Appellants, together with one other person not…

2Cases cited2 opinions

  1. Arthur Glickman Herman Glickman and Ruth Glickman and Aaron Glickmand and Freda Glickman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1958
  2. Frank B. Short and Katherine F. Short, and Richard L. Coleman and Betty B. Coleman v. Commission of Interenal RevenueCourt of Appeals for the Fourth Circuit · 1962

3Cited by1 opinion

  1. Louis Benedek and Janet Benedek v. Commissioner of Internal Revenue, Henry Hirsch and Myrtle G. Hirsch v. Commissioner of Internal Revenue, Alexander P. Hirsch and Mary E. Hirsch v. Commissioner of Internal Revenue, Martin H. Benedek and Leonore Benedek v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1970

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