Niederkrome
Niederkrome v. Commissioner
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?
Oregon Motor Stages
Oregon Motor Stages was a corporation operating an intrastate bus line as a common carrier. The outstanding capital of this corporation consisted of 750 shares, which the stockholders at that time insisted should be…