# M. Conley Co. v. Commissioner

> United States Tax Court · February 25, 1946 · 6 T.C. 250

URL: https://www.frixlaw.com/law-library/cases/4482267

## Case

- **Full name:** The M. Conley Company v. Commissioner of Internal Revenue
- **Court:** United States Tax Court
- **Decided:** February 25, 1946
- **Citations:** 6 T.C. 250; 1946 U.S. Tax Ct. LEXIS 291
- **Precedential status:** Published
- **Opinion:** Concurrence by Opper
- **Judges:** Murdock, Leech, Opper
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4482267

## Opinion text

Opper, J., concurring: It is difficult to see how this proceeding can be decided in favor of respondent without expressly overruling duett, Peabody & Co., 3 T. C. 169 . Here, as there, the stock was bought “for later sale or distribution to its officers and employees”; there, as here, it was subsequently sold because the corporation wanted to raise funda by the sale of its capital stock. Yet there we arrived at a conclusion favorable to the taxpayer and here we find for the respondent. Since, however, I am of the opinion that the Cluett, Peabody case was wrongly decided, I agree with the present result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4482267. Public record. Not legal advice.