VIRGINIA MATERIALS CORP. v. COMMISSIONER

Docket No. 7295-74.

67 T.C. 372 (1976)

VIRGINIA MATERIALS CORPORATION, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed December 2, 1976.


Attorney(s) appearing for the Case

Peter W. Martone and Leroy T. Canoles, Jr., for the petitioner.

J. Doyle Tumbleson and George H. Jelly, for the respondent.


OPINION

BRUCE, Judge:

Respondent determined a deficiency of $83,209.70 in petitioner's Federal income tax for its taxable year ended September 30, 1970. The issues presented for our decision are (1) whether petitioner, Virginia Materials Corp., constructively received a taxable distribution when its wholly owned subsidiary, Tidewater Industrial Development Corp., purchased shares of petitioner's stock, and if the first question is answered affirmatively...

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