# Fitzgerald v. Commissioner

> United States Board of Tax Appeals · October 26, 1926 · 5 B.T.A. 178

URL: https://www.frixlaw.com/law-library/cases/4499325

## Case

- **Full name:** APPEAL OF MARY A. FITZGERALD.
- **Court:** United States Board of Tax Appeals
- **Decided:** October 26, 1926
- **Citations:** 5 B.T.A. 178; 1926 BTA LEXIS 2934
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Marquette
- **Judges:** Marquette
- **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/4499325

## Opinion text

*180 OPINION.
Marquette :
We have heretofore held that a distribution by a corporate dividend out of surplus occurs when the dividend is declared and not when it is paid. Appeal of A. H. Stange, 1 B. T. A. 810; Appeal of Harmon W. Hendricks, 4 B. T. A. 1257. The dividend herein was declared December 27, 1916, and it therefore constituted a distribution of surplus or profits at that time, regardless of the fact that payment was not made until a later date; and no part of the distribution could therefore have been made from earnings for the year 1917. It follows that the Commissioner erred in taxing any part of the dividends received by the petitioner at the 1917 rates.
Order of redetermination will be entered on 15 days’ notice, under Rule 50.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4499325. Public record. Not legal advice.