PITTSBURGH HOTELS COMPANY

v.

UNITED STATES

Citator

Cited By

• Foley Sec. Corp. v. Commissioner of Internal Revenue, 106 F.2d 731 (8th Cir. 1939)
  …ax, the Commissioner should have deducted, as a dividend, from its “adjusted net income” the entire $42,375 which it had distributed to its shareholders. In support of this contention it cites Blair v. United States, 63 Ct.Cl. 193, certiorari denied 275 U.S. 546, 48 S.Ct. 84, 72 L.Ed. 418, which, in effect, held that a distribution to shareholders out of current earnings was a “dividend”, although the capital of the corporation was impaired at the time the distribution was made. The Board of Tax Appeals has…
• Lutz v. Commissioner OF Internal Revenue, 396 F.2d 412 (9th Cir. 1968)
  …taxpayer. See Freihofer Baking Co. v. Commissioner of Internal Revenue, 151 F. 2d 383 (3d Cir.1945); National Biscuit Co. v. United States, 156 F.Supp. 916, 140 Ct.Cl. 443 (1957); Pittsburgh Hotels Co. v. United States, 63 Ct.Cl. 475, cert. denied, 275 U.S. 546, 48 S.Ct. 84, 72 L.Ed. 418 (1927); Denise Coal Co., 29 T.C. 528 (1957), reversed in part on other grounds, 271 F. 2d 930 (3d Cir. 1959). See also Baltimore Transfer Co., 8 T.C. 1 (1947). This conclusion finds support in recent Congressional actio…
• Thorsen v. Commissioner of Internal Revenue, 65 F.2d 234 (9th Cir. 1933)
  …ury Department has been inconsistent. In that case the actual capital was impaired; there was no surplus on Februarj'' 28, 1913. We express no opinion on such a ease. The decision in Blair v. United States, 63 Ct. Cl. 193 (1927), certiorari denied, 275 U. S. 546, 48 S. Ct. 84, 72 L. Ed. 418 (1927), appears to support the conclusion that we have reached. In Hadden v. Commissioner, 49 F.(2d) 709 (C. C. A. 2,1931), there was stated to be a deficit, not a surplus, on March 1, 1913. Certain expressions in the co…