North American Service Co. v. Commissioner

Board of Tax Appeals

North American Service Co. v. Commissioner

9 B.T.A. 586

CourtUnited States Board of Tax Appeals

DecidedDecember 12, 1927

DocketDocket Nos. 9654, 9655

StatusPublished

This text of 9 B.T.A. 586 (North American Service Co. v. Commissioner) is published on Counsel Stack Legal Research, covering United States Board of Tax Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

North American Service Co. v. Commissioner, 9 B.T.A. 586 (bta 1927).

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Opinion

[588]*588OPINION.

Love:

We do not deem it necessary to enter into an extended discussion of the issue herein presented.

It is an established fact that for personal reasons A. E. Duncan, at the time of the organization of the Interstate Highways Service Co. did not want any stock issued in his name, and on account thereof 191 shares were issued to Mrs. F. I. Brumbaugh, the certificates for all of which were immediately endorsed, assigned, and delivered to Duncan who, it is clear, could cause at any time the reissuance of the shares in his name.

We are of the opinion, therefore, that Duncan exercised complete dominion and control over approximately 43 per cent of the stock of the Interstate Highways Service Co., and we are of the further opinion that by reason of this divergence in interest and control of the stock of the petitioners the Commissioner was correct in denying affiliation thereto.

Judgment will be entered for the respondent.

Considered by Tiutssell, Smith, and Littleton.

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