U. S. v. CUMBERLAND PUB. SERV. CO.

No. 214.

338 U.S. 451 (1950)

UNITED STATES v. CUMBERLAND PUBLIC SERVICE CO.

Supreme Court of United States.

Decided January 9, 1950.


Attorney(s) appearing for the Case

Hilbert P. Zarky argued the cause for the United States. With him on the brief were Solicitor General Perlman, Assistant Attorney General Caudle and Ellis N. Slack.

Cornelius W. Grafton argued the cause for respondent. With him on the brief was Wilson W. Wyatt.

Hugh Satterlee, Thorpe Nesbit and Rollin Browne filed a brief, as amici curiae, urging affirmance.


MR. JUSTICE BLACK delivered the opinion of the Court.

A corporation selling its physical properties is taxed on capital gains resulting from the sale.1 There is no corporate tax, however, on distribution of assets in kind to shareholders as part of a genuine liquidation.2 The respondent corporation transferred property to its shareholders as a liquidating dividend...

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