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Pacific Magnesium, Inc. v. Westover, Collector of Internal Revenue

Pac. Magnesium, Inc. v. Westover, Collector of Internal Revenue, 183 F.2d 584 (9th Cir. 1950)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
July 13, 1950
Docket
No. 12436
Judges
Bone, Pope, McLaughlin
Citations
183 F.2d 584

Opinion — Per Curiam

PER CURIAM.

The problem in this case is whether a settlement and discharge of appellant taxpayer’s debt of $39,335.07 (upon the acceptance by a creditor corporation of a payment of $4,000) constituted income of $35,335.07 to the taxpayer, or whether such a settlement and discharge constituted a gift of that amount to the taxpayer by the creditor corporation (and therefore entitled the taxpayer corporation to an exemption of this amount from its gross income under the provisions of Sec-tin 22(b) (3) of the Internal Revenue Code, 26 U.S.C.A. § 22 (b) (3), or whether this settlement and discharge (which the trial judge regarded as an accord and satisfaction) was a capital contribution by the taxpayer’s sole stockholder.

The pertinent facts are disclosed in the opinion of the trial court reported in 86

F.Supp. 644 . We regard the issue as a purely factual one. Commissioner v. Jacobson, 336 U.S. 28, 51 , 69 S.Ct. 358 , 93 L.Ed. 477 , 7 A.L.R.2d 857 . From a review of the record we are unable to say that the trial court’s findings of fact are clearly erroneous.' They support the trial court’s conclusion that by this transaction the taxpayer realized income in the amount of $35,335.07.

Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1950: 11951: 11952: 11956: 11957: 11960: 12003: 119502026peak 1950 · 1

Relies on it most ⓘ

  1. Milenbach v. Commissioner of Internal Revenue318 F.3d 924 (9th Cir. 2003)
  2. Harold Wener v. Commissioner of Internal Revenue, Molly Wener v. Commissioner of Internal Revenue242 F.2d 938 (9th Cir. 1957)
  3. Herbert v. Riddell103 F. Supp. 369 (S.D. Cal. 1952)
  4. United States v. Richfield Oil Corp.99 F. Supp. 280 (S.D. Cal. 1951)
  5. Eleanor A. Bradford v. Commissioner of Internal Revenue233 F.2d 935 (6th Cir. 1956)
  6. Security-First Natlional Bank v. United States181 F. Supp. 911 (S.D. Cal. 1960)

Most recent

  1. Milenbach v. Commissioner of Internal Revenue318 F.3d 924 (9th Cir. 2003)
  2. Security-First Natlional Bank v. United States181 F. Supp. 911 (S.D. Cal. 1960)
  3. Harold Wener v. Commissioner of Internal Revenue, Molly Wener v. Commissioner of Internal Revenue242 F.2d 938 (9th Cir. 1957)
  4. Eleanor A. Bradford v. Commissioner of Internal Revenue233 F.2d 935 (6th Cir. 1956)
  5. Herbert v. Riddell103 F. Supp. 369 (S.D. Cal. 1952)
  6. United States v. Richfield Oil Corp.99 F. Supp. 280 (S.D. Cal. 1951)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Comm'r v. Jacobson, 336 U.S. 28 (1949) 255
Pac. Magnesium, Inc. v. Westover, 86 F. Supp. 644 (S.D. Cal. 1949) 15

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