SIMON

v.

UNITED STATES

Citator

Cited By

• Fender v. United States, 577 F.2d 934 (5th Cir. 1978)
  …titious entities or it might be . accomplished through the more subtle tie of affectionate interest found among families and friends, business or otherwise. DuPont v. Commissioner of Internal Revenue, 3 Cir., 1941, 118 F. 2d 544, 545, cert. denied, 314 U.S. 623, 62 S.Ct. 79, 86 L.Ed. 501 (1941). In DuPont v. Commissioner of Internal Revenue, two friends sold each other about the same amount of stock at a loss at the end of the year and repurchased the stock from one another at the start of the next year. B…
• Commissioner of Internal Revenue v. McWILLIAMS (3 cases), 158 F.2d 637 (6th Cir. 1946)
  …d 259, 260, certiorari denied 284 U.S. 658, 52 S.Ct. 35, 76 L.Ed. 558. Cf. Shoenberg v. Commissioner, 8 Cir., 77 F. 2d 446, certiorari denied 296 U.S. 586, 56 S.Ct. 101, 80 L.Ed. 414; Du Pont v. Commissioner, 3 Cir., 118 F. 2d 544, certiorari denied 314 U.S. 623, 62 S.Ct. 79, 86 L.Ed. 501. The taxpayers attempt to distinguish these cases by pointing out that in each case the taxpayer who sold the securities reacquired them. It is true that the seller and the buyer in the instant cases were not identical; b…
• United States v. Keeler, 308 F.2d 424 (9th Cir. 1962)
  …ancement of the value of his stock and the increase of dividends on the stock is only of indirect benefit to the stockholder and is not a transaction for profit. DuPont v. Commissioner (1938) 37 B.T.A. 1198, affd. C.A.3, 118 F. 2d 544, cert. denied, 314 U.S. 623; DuPont v. Deputy (D.C.Del., 1938) 22 F.Supp, 589; Wigton v. Commissioner (1943) 13 T.C. 323; Hogan v. Commissioner (1936) 35 B.T.A. 26; Slover v. United States, supra. However, such a rigid rule seems to be too narrow and inflexible. In Commission…