Case law

Lozano, Inc. v. Commissioner

68 T.C. 366 · United States Tax Court · Jun 9, 1977

Although he served on the board of directors for a number of years, Mr. … Authorization by the board of directors by itself may not be sufficient to create a fixed liability for most purposes (cf. Commissioner v. H. B.

Frontier Sav. Asso. v. Commissioner

87 T.C. 665 · United States Tax Court · Sep 24, 1986

In Rinker v. United States, 297 F. Supp. 370, 371 (S.D. … We cannot conclude, however, on the facts before us that the stock dividends were a mere subterfuge for cash distributions (see Rinker v.

King v. Commissioner

77 T.C. 1113 · United States Tax Court · Nov 17, 1981

Fox v. United States, 397 F.2d 119, 122 (8th Cir. 1968); see also Helvering v. Stockholms &c. Bank, 293 U.S. 84, 87 (1934). … Judge Brown, in a concurring opinion, stated ( 551 F.2d at 89 ) that he agreed fully with the court’s opinion, but emphasized "that this decision is for this day and train only.”

Nicholson v. Commissioner

17 T.C. 1399 · United States Tax Court · Feb 28, 1952

Brown, Executrix, 26 B. T. A. 901, 906, affd. (C. A. 7), 69 F. 2d 602 , certiorari denied 293 U. S. 570 ; Elwood W. McGwire, 32 B. T. A. 1075, affd. (C. A. 7), 84 F. 2d 431 , certiorari denied 299 TJ. … Brown, Executrix, supra, 907.

Kerr v. Commissioner

38 T.C. 723 · United States Tax Court · Aug 27, 1962

of the Board.” … Co. v.

Watson v. Commissioner

8 T.C. 569 · United States Tax Court · Mar 21, 1947

A. 698, and nothing to deduct under the holding in Howell v. Commissioner, 69 Fed. (2d) 447; certiorari denied, 293 U. S. 654 ; and Menihan v. Commissioner, 79 Fed. (2d) 304; certiorari denied, 296 U. S. 651 . … Countway v. Commissioner, 127 Fed. (2d) 69; Gann v. Commissioner, 61 Fed. (2d) 201; certiorari denied, 287 U. S. 650 . Petitioner relies on Commissioner v. Sun Pipe Line Co., 126 Fed. (2d) 888, affirming 42 B. T.

Mennuto v. Commissioner

56 T.C. 910 · United States Tax Court · Aug 2, 1971

Darco Realty Corporation v. Commissioner, 301 F. 2d 190 (C.A. 2, 1962), affirming a Memorandum Opinion of this Court; Heil Beauty Supplies v. … See also Phoenix Coal Co. v. Commissioner, 231 F. 2d 420 (C.A. 2, 1956); Coinmissioner v. Van Bergh, 209 F. 2d 23 (C.A. 2, 1954); Sprinfield Street Railway Co. v. United States, 312 F. 2d 754 (Ct. Cl. 1963).

Ryan v. Commissioner

58 T.C. 107 · United States Tax Court · Apr 24, 1972

Gondeck v. Pan American Airways , 382 U.S. 25 ; United States v. Breitling , 61 U.S. 252 ; Board of Tax Appeals v. United States , 37 F.2d 442 , 443 . … See Board of Tax Appeals v.

Riter v. Commissioner

3 T.C. 301 · United States Tax Court · Feb 18, 1944

See Blaffer v. Commissioner, 134 Fed. (2d) 389. … A. 491, 494; Blaffer v.

Kresser v. Commissioner

54 T.C. 1621 · United States Tax Court · Aug 20, 1970

What was said by the Supreme Court in a somewhat different context is equally applicable here (Commissioner v. … Although there is general language in Smith v.

Federbush v. Commissioner

34 T.C. 740 · United States Tax Court · Jul 29, 1960

Brown, 1 T.C. 225 . … Under New York law, power to declare dividends Is vested In the majority of the corporate board of directors. N.Y. Gen. Corp. Law, sec. 27; Liebman v. Auto Strop Co., 241 N.Y. 427 , 150 N. E. 505 .

Espinosa v. Commissioner

107 T.C. 146 · United States Tax Court · Sep 24, 1996

In Mills, Spence & Co. v. Commissioner, a Memorandum Opinion of the Board of Tax Appeals dated October 5, 1938, the Board of Tax Appeals followed its decision in Anglo-American Direct Tea Trading Co. v. … The Board went on to distinguish its holding in Anglo-American Direct Tea Trading Co. v.

Howell v. Commissioner

10 T.C. 859 · United States Tax Court · May 17, 1948

Cole v. Commissioner, supra, was decided by the Circuit Court of Appeals December 12,1936, and thereafter that decision was followed by the Board until the question was presented in George W. Sehoenhut, 45 B. T. A. 812. … Taxpayers relied upon Cole v. Commissioner, supra. The Board, however, upon authority of Hoore v. United States, 37 Fed. Supp. 136; certiorari denied, 314 U. S. 619 ; rehearing denied, 314 U. S. 706 ; Helvering v.

Arundel-Brooks Concrete Corp. v. Commissioner

4 T.C. 938 · United States Tax Court · Mar 7, 1945

The Board, in an opinion promulgated September 25, 1941 (45 B. T. … New Orleans v. Citizens Bank, supra; Pryor-Lockhart Development Co., supra, and cases cited. Masterson v. Commissioner, 141 Fed. (2d) 391, and Netcher v.

Ernst Kern Co. v. Commissioner

1 T.C. 249 · United States Tax Court · Dec 15, 1942

Swift & Co. v. Hocking Valley Railway Co., 243 U. S. 281 ; Estate of Sanford v. Commissioner, 308 U. S. 39, 51 ; Case v. Los Angeles Lumber Co., 308 U. S. 106 ; Nelson v. Montgomery Ward, 312 U. S. 372 , 376; Smith v. … board, and return the roll to the supervisor. § 7.47.

University Country Club, Inc. v. Commissioner

64 T.C. 460 · United States Tax Court · Jun 23, 1975

Benderoff v. … In Affiliated Government Employees’ Distributing Co. v.

Anderson v. Comm'r

92 T.C. 138 · United States Tax Court · Jan 26, 1989

v. … Tahoe National Bank v. Phillips, supra at 711 . 24 Thus, a personal suit against the promisor for breach of the underlying agreement is the only remedy available. Browne v. San Luis Obispo National Bank, supra at 134.

Raffensperger v. Commissioner

33 T.C. 1097 · United States Tax Court · Mar 31, 1960

Headquarters, who was recognized as ex-officio chairman of the board, (2) that all board decisions on policy matters were subject to the approval of the Deputy Chief of Staff, and (3) that the minutes of each board meeting … The Supreme Court of the United States held in Standard Oil Co. v.

Nitto v. Commissioner

13 T.C. 858 · United States Tax Court · Nov 30, 1949

Cohan v. … See Akers v. Scofield (CCA-5), 167 F.2d 718 ; certiorari denied, 335 U.S. 823 , 93 L. Ed. 378 , 69 S. Ct. 47 . See also Wilcox v. Commissioner, supra ; Humphreys v.

O'Neil v. Comm'r

98 T.C.M. 90 · United States Tax Court · Aug 11, 2009

In 1978 petitioner became a member of the board of directors of Brown Forman Corp. (Brown Forman). Petitioner served as a member of the board of directors of Brown Forman from 1978 until April of 2007. … See Murphy v. Commissioner, supra at 321; Lemann v. Commissioner, supra; see also McClanahan v. Commissioner, T.C. Memo. 2008-161.