# Corbett & Stuart v. Commissioner > United States Board of Tax Appeals · April 12, 1928 · 11 B.T.A. 540 URL: https://www.frixlaw.com/law-library/cases/4488057 ## Case - **Full name:** CORBETT & STUART, v. COMMISSIONER OF INTERNAL REVENUE - **Court:** United States Board of Tax Appeals - **Decided:** April 12, 1928 - **Citations:** 11 B.T.A. 540; 1928 BTA LEXIS 3786 - **Precedential status:** Published - **Opinion:** Opinion of the court by Smith - **Judges:** Smith - **Cited by:** 0 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/4488057 ## Opinion text *541 OPINION. Smith : The question presented by this proceeding has been before the Board in L. S. Ayers & Co., 1 B. T. A. 1135, wherein we held that the invested capital of a corporation might not be reduced in determining the extent to which a dividend is paid from current earnings of a year by a “ tentative tax ” theoretically set aside out of such earnings pro rata over such year. The position there taken was reaffirmed in All America Cables, Inc., 10 B. T. A. 213. These decisions are controlling in this case. Judgment will be entered on 15 days’ notice, wider Rule 50. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4488057. Public record. Not legal advice.