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ROOKS v. COMMISSIONER

Docket Nos. 29716, 29717.

12 T.C.M. 96 (1953)

Albert G. Rooks and Maud Rooks v. Commissioner. Estate of Stuart B. White, Deceased, William S. White, Administrator with the Will Annexed v. Commissioner.

United States Tax Court.

Entered February 9, 1953.

Attorney(s) appearing for the Case

Platt W. Dockery, Esq., 300 Michigan Trust Building, Grand Rapids, Mich., for the petitioners. John L. King, Esq., for the respondent.

Memorandum Findings of Fact and Opinion

The Commissioner determined deficiencies in income tax for 1944 of $5,756.16 against Albert G. and Maud Rooks and $2,311.12 against Stuart B. White. The issues requiring decision are:

(1) Whether $17,000 paid by The Niles Creamery Company to its stockholders in May 1944 was taxable as an ordinary dividend;

(2) What were the tax consequences of transactions between the stockholders of The Niles Creamery Company...

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