Opinion

Claridge Apartments Co. v. Commissioner

  • 1 T.C. 163
  • 1942 U.S. Tax Ct. LEXIS 26
Court
United States Tax Court
Filed
Dec 4, 1942
Status
Published
Author
Smith
On the bench
Opper
Cited by
11 cases

The opinion

Smith, /., concurring: I agree that the basis for depreciation of petitioner’s assets for 1938 is the fair market value of the assets at the date of reorganization. It is stated, however, in the Court’s opinion that:

* * * The substitution of common stock for bonds is not a cancellation or reduction of the liability represented by the bonds, no matter how much less the stock may be worth, since “the assets are not thereby freed from obligation. * * * While the bond loan has been terminated, the amount borrowed is now committed to capital stock liability instead of to the liability of a fixed indebtedness.” Capento Securities Corporation, 47 B. T. A. 691

I think that this observation is contrary to well recognized principles of law. Where a corporation substitutes shares of stock' in exchange for bonds the corporation is freed from indebtedness. A corporation does not owe any debt in respect of its capital stock.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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