Cole v. Helburn

3 Citing cases

  1. McWilliams v. Commissioner

    331 U.S. 694 (1947)   Cited 57 times
    In McWilliams v. Commissioner, 331 U.S. 694, 67 S.Ct. 1477, 91 L.Ed. 1570 (1947), the Supreme Court cautioned, rather explicitly, against giving the term too narrow a reading: "Congress... could not have intended to include within the scope of ยง 24(b) [the predecessor to section 267] only transfers made directly or through a dummy, or to exclude transfers of securities effected through the medium of the Stock Exchange, unless it wanted to leave a loophole almost as large as the one it had set out to close."

    Cf. Shoenberg v. Commissioner, 77 F.2d 446 (C. C.A. 8); Cole v. Helburn, 4 F. Supp. 230; Zimmermann v. Commissioner, supra, note 7.See H.Rep. No. 1546, 75th Cong., 1st Sess., p. 26, supra, note 8.

  2. DU PONT v. COMMISSIONER OF INTERNAL REVENUE

    118 F.2d 544 (3d Cir. 1941)   Cited 25 times
    Noting that a "controlled or sympathetic vendee" can "divest a sale of its fundamental incident of finality"

    Commissioner v. Neaves, 9 Cir., 81 F.2d 947; Charles E. Mitchell v. Com'r, 32 B.T.A. 1093. Cole v. Helburn, D.C., 4 F. Supp. 230; Commissioner v. Hales, 7 Cir., 76 F.2d 916. The mutual vendees are "sympathetic". This is rather less than denied.

  3. United States ex Rel. Cole v. Helvering

    73 F.2d 852 (D.C. Cir. 1934)   Cited 3 times

    23, with interest. Cole v. Helburn, 4 F. Supp. 230. On April 7, 1933, the District Court in Kentucky entered judgment in favor of the taxpayer in the sum of $8,269.03, with interest from May 14, 1932, until paid, and the court also entered a certificate of probable cause therein.