Legal Opinion
Joe W. Stout and Eudora H. Stout v. Commissioner of Internal Revenue
Court of Appeals for the Fourth Circuit
Decided December 29, 1959No. 7892PublishedCited by 34 opinions
1Opinion of the Court
HAYNSWORTH, Circuit Judge.
Whether the taxpayers received a constructive dividend is the principal question. The Tax Court resolved it against the taxpayers upon a determination that the taxpayers had failed to prove that they had not received such a dividend. We think the case must be reversed upon the ground that the Commissioner has. failed to prove that they did.
I
The taxpayer, Joe W. Stout, was the owner of 63 shares of the common stock of Southern Builders, Inc., a North Carolina corporation organized in 1948 and engaged in the construction business in Fayetteville, North Carolina. The…
2Cases cited12 opinions
- Commissioner v. AckerSupreme Court of the United States · 1959
- Wall v. United StatesCourt of Appeals for the Fourth Circuit · 1947
- Gene O. Clark and Faye Clark v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1959
- Fred N. Acker v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1958
- Joseph R. Holsey and Eleanor T. Holsey v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1958
7 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Grant Foster and Barbara Dunn Foster v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1968
- United States v. Felix Benitez RexachCourt of Appeals for the First Circuit · 1973
- United Aniline Company v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1963
- United States v. PomponioCourt of Appeals for the Fourth Circuit · 1980
- Anastasato v. CommissionerCourt of Appeals for the Third Circuit · 1986
29 more not listed; retrieve them via the Exa API.