McLaulin v. Commissioner
United States Tax Court
115 T.C. 255 (2000)
- Written by Heather Ryfa, JD
Facts
Ridge Pallets, Inc. was a Florida S corporation owned by three individuals: Douglas McLaulin (plaintiff), Augustus King, and Alfred Holland. Ridge Pallets and another individual, John Hutto, each owned 50 percent of the stock of Sunbelt Forest Products, Inc. (Sunbelt), also a Florida corporation. Ridge Pallets was the guarantor for Sunbelt’s loans but withdrew its guaranty and then purchased Sunbelt’s outstanding loan from the bank in order to control Sunbelt. Hutto and Ridge Pallets negotiated an agreement for the redemption of Hutto’s shares for $828,943.75 in cash and real estate valued at $101,000. Hutto paid capital gains taxes on this redemption. In order to fund the redemption, Sunbelt borrowed $900,000 from Ridge Pallets. Ridge Pallets then distributed, pro rata, all the shares of Sunbelt to its shareholders. The commissioner for the Internal Revenue Service (defendant) assessed tax against McLaulin for the distribution of Sunbelt shares to him by Ridge Pallets. McLaulin appealed to the United States Tax Court.
Rule of Law
Issue
Holding and Reasoning (Halpern, J.)
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