Arkansas Best Corp. v. Commissioner

Background

A diversified holding company bought a large block of bank stock over several years and later sold most of it in 1975. The company reported nearly $10 million as an ordinary loss on its tax return. The tax agency disallowed the ordinary-loss claim and said the loss was a capital loss subject to limits. The Tax Court treated some purchases as investment and some as business, but the Court of Appeals held all the stock was a capital asset. The Supreme Court agreed to review the issue.

Reasoning

The key question was whether stock is a capital asset when it is bought for business reasons rather than for investment. The Court read the tax code’s capital-asset definition broadly as 'property held by the taxpayer (whether or not connected with his trade or business).' The Court said a buyer’s motive does not take property outside that definition. The Court explained that an earlier case about futures involved an inventory-and-hedging exception, not a general business-motive rule. Allowing motive to control would let taxpayers convert ordinary income into capital treatment at will. The Court therefore held the stock sale produced a capital loss.

Real world impact

The ruling means companies that sell stock they hold will generally face capital-loss rules rather than ordinary-loss treatment just because they held the stock for business reasons. That limits how much loss a corporation can use against other income. The decision is a final, merits ruling affirming the Court of Appeals’ judgment.

Dissents or concurrances

No Justice wrote a dissent; one Justice did not take part in the case.