Opinion

Morton v. Commissioner

  • 38 B.T.A. 1270
  • 1938 BTA LEXIS 762
Court
United States Board of Tax Appeals
Filed
Dec 2, 1938
Status
Published
Author
Black
On the bench
Kern, Black
Cited by
105 cases

holding that the worthlessness of an equity interest depends “not only on its current liquidating value, but also on what value it may acquire in the future through the foreseeable operations of the * * * [company]”

How later courts described this case

  • holding that the worthlessness of an equity interest depends “not only on its current liquidating value, but also on what value it may acquire in the future through the foreseeable operations of the * * * [company]”
  • noting that identifiable events are “called ‘identifiable’ in that they are likely to be immediately known by everyone having -47- [ ] an interest by way of stockholdings or otherwise in the affairs of the corporation”
  • taxpayer must demonstrate a “reasonable hope and expectation that the assets will exceed the liabilities of the corporation in the future”
  • worthlessness of stock depends on current liquidating value and potential value

Written by the judges who cited it.

The opinion

Black,

dissenting: I dissent from the views expressed in the majority opinion as to issue No. 3. I think'the facts show that petitioner has proved his loss of investment in the 1242 Lake Shore. Drive Syndicate to all reasonable extent and purpose and should be allowed this loss in a computation of his net income for 1932. That he will ever recover anything from this investment seems to me so remote and improbable that it should not be the basis of disallowing the loss which petitioner claims.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.