Pacific Magnesium, Inc. v. Westover, Collector of Internal Revenue

Ninth Circuit

Pacific Magnesium, Inc. v. Westover, Collector of Internal Revenue

183 F.2d 584

CourtCourt of Appeals for the Ninth Circuit

DecidedJuly 13, 1950

Docket12436

StatusPublished

Cited by8 cases

This text of 183 F.2d 584 (Pacific Magnesium, Inc. v. Westover, Collector of Internal Revenue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pacific Magnesium, Inc. v. Westover, Collector of Internal Revenue, 183 F.2d 584 (9th Cir. 1950).

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Opinion

PER CURIAM.

The problem in this case is whether a settlement and discharge of appellant taxpayer’s debt of $39,335.07 (upon the acceptance by a creditor corporation of a payment of $4,000) constituted income of $35,335.07 to the taxpayer, or whether such a settlement and discharge constituted a gift of that amount to the taxpayer by the creditor corporation (and therefore entitled the taxpayer corporation to an exemption of this amount from its gross income under the provisions of Sec-tin 22(b) (3) of the Internal Revenue Code, 26 U.S.C.A. § 22(b) (3), or whether this settlement and discharge (which the trial judge regarded as an accord and satisfaction) was a capital contribution by the taxpayer’s sole stockholder.

The pertinent facts are disclosed in the opinion of the trial court reported in 86 F.Supp. 644. We regard the issue as a purely factual one. Commissioner v. Jacobson, 336 U.S. 28, 51, 69 S.Ct. 358, 93 L.Ed. 477, 7 A.L.R.2d 857. From a review of the record we are unable to say that the trial court’s findings of fact are clearly erroneous.' They support the trial court’s conclusion that by this transaction the taxpayer realized income in the amount of $35,335.07.

Judgment affirmed.

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PER CURIAM.

The problem in this case is whether a settlement and discharge of appellant taxpayer’s debt of $39,335.07 (upon the acceptance by a creditor corporation of a payment of $4,000) constituted income of $35,335.07 to the taxpayer, or whether such a settlement and discharge constituted a gift of that amount to the taxpayer by the creditor corporation (and therefore entitled the taxpayer corporation to an exemption of this amount from its gross income under the provisions of Sec-tin 22(b) (3) of the Internal Revenue Code, 26 U.S.C.A. § 22(b) (3), or whether this settlement and discharge (which the trial judge regarded as an accord and satisfaction) was a capital contribution by the taxpayer’s sole stockholder.

The pertinent facts are disclosed in the opinion of the trial court reported in 86 F.Supp. 644. We regard the issue as a purely factual one. Commissioner v. Jacobson, 336 U.S. 28, 51, 69 S.Ct. 358, 93 L.Ed. 477, 7 A.L.R.2d 857. From a review of the record we are unable to say that the trial court’s findings of fact are clearly erroneous.' They support the trial court’s conclusion that by this transaction the taxpayer realized income in the amount of $35,335.07.

Judgment affirmed.

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183 F.2d 584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pacific-magnesium-inc-v-westover-collector-of-internal-revenue-ca9-1950.

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