Niederkrome

Niederkrome v. Commissioner

Good Law
266 F.2d 238·2 A.F.T.R.2d (RIA) 6155
United States Court of Appeals for the Ninth CircuitNovember 10, 1958No. 15724California3,635 words

Opinion

Lead Opinion

Fee, J.

This action for review of the determination of tax deficiencies involves several problems:

1. Did the distribution of earnings by a corporation in payment of a note and the simultaneous redemption of 350 shares of stock purchased with the proceeds of the note constitute a distribution equivalent to dividends?

2. Did the payment or disbursement of incidental expenses to the company making the loan furnish any evidence of the intention?

3. Did the Tax Court err in admitting the minutes of the corporation making the loan ?

4. Was a $20,000.00 disbursement by a different corporation to its stockholder a loan or a dividend and taxable?

5. Was the finding that a wife was not a bona fide partner in two different partnerships correct?

6. Where a partner declared a trust for his minor daughter and appointed himself trustee for her, but treated the proceeds as if he were the owner did the “trust” prevent taxation of the whole as his interest?

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