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Ala. Asphaltic Limestone Co. v. Comm'r

41 B.T.A. 324 (B.T.A. 1940)
Ala. Asphaltic Limestone Co. v. Comm'r

7 Cited authorities

  1. Gregory v. Helvering

    293 U.S. 465 (1935)   Cited 1,443 times   6 Legal Analyses
    Holding that when the form of a transaction does not comport with its substance, the substance of the transaction controls for tax liability purposes

  2. LeTulle v. Scofield

    308 U.S. 415 (1940)   Cited 160 times
    In LeTulle v. Scofield, 308 U.S. 415, one corporation transferred properties to another for cash and bonds secured by the properties transferred.

  3. Pinellas Ice Co. v. Commissioner

    287 U.S. 462 (1933)   Cited 187 times
    Holding a parenthetical was definitional where it expanded the meaning of the preceding terms "beyond the[ir] ordinary and commonly accepted" meanings

  4. United States v. Hendler

    303 U.S. 564 (1938)   Cited 80 times
    In United States v. Hendler, 303 U.S. 564, 58 S.Ct. 655, 82 L.Ed. 1018, the transferee corporation assumed the liabilities of its transferor, and the transferor was held liable for a tax thereon.

  5. In re 620 Church St. Corp.

    299 U.S. 24 (1936)   Cited 63 times
    Affirming district court finding that when property in question has no value over and above claims of senior creditors, the property has no equity, the debtor is insolvent, and claims of junior creditors "are of no value and hence no . . . cash should be distributed under the plan in respect to their claims."

  6. G. K. Mfg. Co. v. Helvering

    296 U.S. 389 (1935)   Cited 24 times

    CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 187. Argued November 20, 1935. Decided December 16, 1935. 1. A transfer by one corporation to another of substantially all of its assets for cash and common stock of the transferee corporation amounts to a reorganization under § 112(i)(1)(A) of the Revenue Act of 1928; even though the transferor corporation and its subsidiaries continued in business. P. 391. 2. The Board of Tax Appeals having omitted to make a finding as to whether

  7. Bus Trans. Corp. v. Helvering

    296 U.S. 391 (1935)   Cited 11 times

    CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 490. Argued November 20, 1935. Decided December 16, 1935. A corporation transferred shares of stock which it owned to another corporation in exchange for shares of stock which the latter owned, neither party to the exchange acquiring any definite immediate interest in the other. Held, not a reorganization within § 112 of the Revenue Act of 1928. P. 393. 79 F.2d 509, affirmed. CERTIORARI to review a judgment affirming a decision