Opinion

Reynard Corp. v. Commissioner

  • 30 B.T.A. 451
  • 1934 BTA LEXIS 1325
Court
United States Board of Tax Appeals
Filed
Apr 20, 1934
Status
Published
Author
Leech
On the bench
Leech, Maequette
Cited by
20 cases
Authority
More cited than 10.7%

explicitly refusing to pass on the question

How later courts described this case

  • explicitly refusing to pass on the question

Written by the judges who cited it.

The opinion

Leech,

dissenting: The majority opinion, although it approves the charging of the petitioner, Fox, with additional compensation for the rental value of the corporation’s residence which he used during the taxable years, reverses the action of the respondent in including this identical rental value in the corporation’s income for the same *455 years. I think the decision upon this latter action inconsistent with the former and erroneous. This amount, recognized as compensation to Fox from the corporation, must be treated as having been constructively paid to the corporation as rental, and therefore taxable income, to it, before it can be held to have been paid by the corporation to Fox. Cf. Burnet v. Wells, 289 U.S. 670 .

Sea well agrees with this dissent.

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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