Peabody v. Eisner, 247 U.S. 347 (1918)

Peabody v. Eisner


No. 705


Argued March 4, 5, 6, 1918
Decided June 3, 1918
247 U.S. 347

ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

A dividend received by a shareholder after, from surplus profit of the corporation existing before, March 1, 1913, was subject to the "surtax" under the Income Tax Act of 1913. Lynch v. Hornby, ante,339. A dividend by a corporation of shares owned by it in another corporation is not a stock dividend, and is subject to the tax, like an equivalent distribution of money. Towne v. Eisner, 245 U.S. 418, distinguished.

Affirmed.

The case is stated in the opinion.