Legal Opinion

Davis v. Commissioner

United States Tax Court

Decided February 27, 1978No. Docket No. 3857-75PublishedCited by 21 opinions

Petitioners, accrual basis taxpayers, sustained a net operating loss of $ 1,961,225.47 for their taxable year beginning Oct. 1, 1961, to May 27, 1962, when Mr. Davis filed a petition for an arrangement under sec. 322 of the Bankruptcy Act.

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Petitioners, accrual basis taxpayers, sustained a net operating loss of $ 1,961,225.47 for their taxable year beginning Oct. 1, 1961, to May 27, 1962, when Mr. Davis filed a petition for an arrangement under sec. 322 of the Bankruptcy Act. From May 28, 1962, to Sept. 30, 1962, as a debtor in possession, he sustained an additional net operating loss of $ 58,003.72. For the taxable year ended Sept. 30, 1963, as a debtor in possession, he sustained a net operating loss of $ 580,630.86. On Oct. 11, 1963, Mr. Davis was adjudicated a bankrupt and a receiver was appointed, terminating the…

1Opinion of the Court

Goffe, Judge:

The Commissioner determined deficiencies in petitioners’ Federal income, tax as follows:

TYE Sept. 30— Deficiency

1968 $382,081.98

1969 ...74,608.15

1970 ...68,721.09

Due to concessions, the issues for decision are:(1) Whether petitioners may carry forward to a taxable year following a discharge in bankruptcy, net operating losses sustained prior to filing a petition for an arrangement under the Bankruptcy Act and net operating losses sustained while petitioner A. L. Davis was a debtor in possession in the arrangement proceeding which arrangement proceeding was converted to a…

2Cases cited28 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Segal v. RochelleSupreme Court of the United States · 1966
  3. Fin Hay Realty Co. v. United StatesCourt of Appeals for the Third Circuit · 1968
  4. Litton Business Systems, Inc. v. CommissionerUnited States Tax Court · 1973
  5. A. R. Lantz Co., Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1970

23 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. In Re Prudential Lines Inc.Court of Appeals for the Second Circuit · 1991
  2. Estate of Delman v. CommissionerUnited States Tax Court · 1979
  3. Carlson v. CommissionerUnited States Tax Court · 2001
  4. Thompson v. CommissionerUnited States Tax Court · 1980
  5. Official Committee of Unsecured Creditors v. PSS Steamship Co.Court of Appeals for the Second Circuit · 1991

16 more not listed; retrieve them via the Exa API.

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