Legal Opinion
Home Construction Corporation of America, Etc. v. United States
Court of Appeals for the Fifth Circuit
Decided March 11, 1971No. 29592_1PublishedCited by 26 opinions
1Opinion of the Court
CLARK, Circuit Judge:
This tax carry-back dispute was spawned when a shell home construction business, operating in a multi-entity form of 123 separate corporations, was consolidated into a single legal being. Following the consolidation, the newly formed creature, unlike most of its antecedents, experienced financial difficulties. The neophyte at single corporate structure existence sought to obtain a tax refund by carrying these losses back as offsets against earnings of predecessor corporations in consolidation fiscal years. Because we find this reorganiza tion constituted a mere change in…
2Cases cited9 opinions
- Gregory v. HelveringSupreme Court of the United States · 1935
- Libson Shops, Inc., v. Koehler, District Director of Internal RevenueSupreme Court of the United States · 1957
- Atlantis Development Corporation, Ltd. v. United States of AmericaCourt of Appeals for the Fifth Circuit · 1967
- J. E. Davant and Kathryn Davant v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. J. E. Davant and Kathryn DavantCourt of Appeals for the Fifth Circuit · 1966
- Pridemark, Inc. v. CommissionerUnited States Tax Court · 1964
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Security Industrial Insurance Company v. United StatesCourt of Appeals for the Fifth Circuit · 1983
- Atlas Tool Co. v. CommissionerUnited States Tax Court · 1978
- Movielab, Inc. v. United StatesUnited States Court of Claims · 1974
- Performance Systems, Inc. v. United StatesDistrict Court, M.D. Tennessee · 1973
- Kansas Sand & Concrete, Inc. v. CommissionerUnited States Tax Court · 1971
21 more not listed; retrieve them via the Exa API.