DIETRICH

v.

U. S. SHIPPING BOARD MERCHANT FLEET CORP.

Citator

Cited By

• Old Colony Tr. Assocs. v. Hassett, 150 F.2d 179 (1st Cir. 1945)
  …or repayment. I.T. 3283, 1939-1 C.B. 81; I.T. 2931, 1935, XIV-2 C.B. 56.* Repayment of the amount of the advance in the cases cited is contingent, but as the court in Island Petroleum Co. v. Commissioner, 4 Cir., 57 F. 2d 992, 994, certiorari denied 287 U.S. 646, 53 S.Ct. 92, 77 L.Ed 558, in determining advances were loans where the advances were to be repaid with a portion of the net profits from the proceeds of oil operations and only in the event that the operations should prove successful, states it: “A…
• Dunn v. Commissioner OF Internal Revenue, 615 F.2d 578 (2d Cir. 1980)
  …, 318 (3d Cir. 1956); cf. Island Petroleum Co. v. Commissioner, 57 F. 2d 992, 994 (4th Cir.) (taxpayer to lose advances only if operations unsuccessful; if successful, to receive its advances back; the advances were, therefore, loans), cert. denied, 287 U.S. 646, 53 S.Ct. 92, 77 L.Ed. 558 (1932). II The Commissioner at one point disclaims the contention that the owned net working capital provision is a subordination provision, but his argument really contends just that in pressing the limitation-to-earnin…
• United States Dep't of Health & Human Servs. v. Smith, 807 F.2d 122 (8th Cir. 1986)
  …determining tax consequences of a transaction, the court stated: “ ‘A loan is no less a loan because its repayment is made contingent’ ”.) (quoting Island Petroleum Co. v. Commissioner of Internal Revenue, 57 F. 2d 992, 994 (4th Cir.), cert. denied, 287 U.S. 646 (1932)) and Old Colony Trust Assoc. v. Hassett, 150 F. 2d 179, 183 (1st Cir.1945) (same; quoting Island Petroleum) and American Bemberg Corp. v. United States, 150 F.Supp. 355, 360 (D.Del. 1957) (same; quoting United Gas, supra, 240 F. 2d at 318), a…