Legal Opinion

Northup v. United States

Court of Appeals for the Second Circuit

Decided January 8, 1957No. Nos. 64, 65, 66, Dockets 24147, 24148, 24149PublishedCited by 36 opinions

1Opinion of the Court

MEDINA, Circuit Judge.

The taxpayers Northup, Hine and Usher, former holders of preferred stock of I. Newman & Sons, Inc., appeal from judgments rejecting their claims for tax refunds in three consolidated cases. After a trial to the court without a jury, the court concluded that the retirement of the preferred stock in the taxable years in question was “essentially equivalent” to a dividend within the meaning of Internal Revenue Code of 1939, § 115 (g), 26 U.S.C.A. § 115(g).

I, Newman & Sons, Inc. was organized in 1923 to purchase a ladies’ foundation garment and corset business. From that…

2Cases cited11 opinions

  1. Flanagan v. HelveringCourt of Appeals for the D.C. Circuit · 1940
  2. Keefe, Collector v. CoteCourt of Appeals for the First Circuit · 1954
  3. Kirschenbaum v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1946
  4. Commissioner of Internal Revenue v. RobertsCourt of Appeals for the Fourth Circuit · 1953
  5. Commissioner of Internal Revenue v. QuackenbosCourt of Appeals for the Second Circuit · 1935

6 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. United States v. DavisSupreme Court of the United States · 1970
  2. Elizabeth N. B. Ferro v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1957
  3. Television Industries, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1960
  4. Charles P. Ballenger, Jr., and Myrtle S. Ballenger v. United StatesCourt of Appeals for the Fourth Circuit · 1962
  5. Beatrice Levin v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1967

31 more not listed; retrieve them via the Exa API.

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