Commissioner v. Estate of Bedford, 325 U.S. 283 (1945)

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Commissioner of Internal Revenue v. Estate of Bedford

No. 710

Argued March 29, 1945
Decided May 21, 1945
325 U.S. 283

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. A petition for a writ of certiorari to review a decision of the Circuit Court of Appeals for the Second Circuit was filed within three months after "entry" of the "judgment," as required by § 8 of the Act of February 13, 1925, when filed within three months after the date of that court’s "Order for Mandate," though more than three months after the date of the "Opinion." P. 287.

2. A distribution of cash out of earnings and profits of a corporation, pursuant to a recapitalization which was a reorganization as defined by § 112(g) of the Revenue Act of 1936, held to have had the "effect of the distribution of a taxable dividend" within the meaning of § 112(c)(2), and to be taxable in full under that section, and not as a capital gain under § 112(c)(1). P. 290.

3. The result here is the same whether the case be treated as one of statutory construction for the independent judgment of this Court, or as one within the principle of Dobson v. Commissioner. P. 292.

144 F.2d 27, reversed.

Certiorari, 323 U.S. 707, to review a judgment reversing a decision of the Tax Court, 1 T.C. 478, which sustained the Commissioner’s determination of a deficiency in income tax.