Irving-Kolmar Corp. v. Commissioner
United States Tax Court
1. Net Operating Loss Deduction -- Applicability 1939 or 1954 Code -- 1953 Loss -- Same Business. -- A net operating loss deduction by a "real estate corporation" based upon a 1953 net operating loss of a wood manufacturing company depends upon provisions of the 1939 Code, and cited provisions of the 1954 Code are inapplicable where the two corporations were merged on December 31, 1953. 2. No deduction allowed for 1953 or for later years under the 1939 Code.
1Opinion of the Court
OPINION.
Murdock, Judge:
The Commissioner filed a motion on October 24, 1960, for judgment on the pleadings on the ground that the petition does not allege facts sufficient to show error in the Commissioner’s determination. Hearing on that motion was set for November 80, 1960. The petitioner filed a memorandum in opposition to the motion on November 17, 1960. The Court entered an order continuing the hearing on the motion to January 11, 1961, and calling attention to the application of the 1939 as opposed to the 1954 Internal Revenue Code and to the fact that the petition alleged insufficient…
2Cases cited4 opinions
- Libson Shops, Inc., v. Koehler, District Director of Internal RevenueSupreme Court of the United States · 1957
- Kent v. CommissionerUnited States Tax Court · 1960
- E. O. Bookwalter, District Director of Internal Revenue v. Hutchens Metal Products, Inc.Court of Appeals for the Eighth Circuit · 1960
- Hutchens Metal Products, Inc. v. BookwalterDistrict Court, W.D. Missouri · 1959
3Cited by10 opinions
- J. G. Dudley Co. v. CommissionerUnited States Tax Court · 1961
- Clarksdale Rubber Co. v. CommissionerUnited States Tax Court · 1965
- Federal Cement Title Co. v. CommissionerUnited States Tax Court · 1963
- Frank Ix & Sons Virginia Corp. v. CommissionerUnited States Tax Court · 1966
- Allied Cent. Stores, Inc. v. CommissionerUnited States Tax Court · 1964
5 more not listed; retrieve them via the Exa API.