RICHMOND HOSIERY MILLS, PETITIONER,
v.
COMMISSIONER OF INTERNAL REVENUE, RESPONDENT
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Stock dividends distributed prior to March 1, 1913, are includible in equity invested capital under § 718(a)(3) of the Internal Revenue Code.
The Tax Court determined that stock dividends distributed prior to March 1, 1913, were not includible in equity invested capital. The taxpayer appeale…
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PER CURIAM.
This appeal involves claimed deficiencies in excess profit taxes for the years 1942, and 1944-1945. Persisting, despite its reversal in Owensboro Wagon Co. v. Commissioner, 6 Cir., 209 F. 2d 617, in adhering to its decision, that stock dividends distributed prior to March 1, 1913, are not includible in equity invested capital under § 718(a) (3) of the Internal Revenue Code, 26 U.S.C.A. Excess Profits Taxes, page 143, the Tax Court sustained the Commissioner’s determination, excluding such stock dividends.
Appealing from that decision, taxpayer is here insisting that, for the reasons set forth in its brief and upon the authority of the Owensboro case, to which may now be added the decision, on April 4, 1956, of the Seventh Circuit, 231 F. 2d 536, affirming Baker Land & Title Co. v. United States, D.C., 126 F.Supp. 561, the Tax Court’s decision was wrong and must be reversed.
We agree with petitioner and with the results reached and the reasons given therefor in the two opinions relied on by it. Because we do, we will not further labor the matter here, but, noting our agreement with those opinions and our disagreement with the Tax Court, we order its judgment reversed and the cause remanded for further proceedings not inconsistent herewith.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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The Stacey Mfg. Co. v. Commissioner OF Internal Revenue, 237 F.2d 605 (6th Cir. 1956)
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Richmond Hosiery Mills v. The United States, 305 F.2d 840 (Ct. Cl. 1962)
Authorities Cited
- Owensboro Wagon Co. v. Commissioner of Internal Revenue, 209 F.2d 617 (6th Cir. 1954)
- Baker Land & Title Co. v. United States, 231 F.2d 536 (7th Cir. 1956)