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2 B.T.A. 1060

Ryder v. Commissioner

United States Board of Tax Appeals

Decided October 28, 1925

United States Board of Tax Appeals · decided 1925-10-28

Receipt, in 1922, by a taxpayer reporting on a cash basis, of a liquidating dividend, can not constitute the basis of a deduction from 1921 income of a loss measured by the difference between cost and the liquidating dividend.

Cited by 2 later decisions — most recently October 1927

Good law ✅— No negative treatment on recordhow we know

Decided 1925-10-28

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¶1*1061OPINION.

Ivins:

¶2The taxpayer kept his accounts and filed his return on a cash basis. The liquidating dividend on the 115 shares was not received by the taxpayer until 1922. The sale of the wool by the corporation in 1921 did not constitute a receipt by the stockholder. It was but a necessary step preliminary to a later liquidation distribution.

¶3The taxpayer knew nothing of the sale of the wool until he received the check in January, 1922, and he thereafter forwarded his stock certificate for the 115 shares to the corporation. No loss should be deducted against 1921 income for that transaction.

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