Legal Opinion

McClintock-Trunkey Co. v. Commissioner of Internal Revenue

Court of Appeals for the Ninth Circuit

Decided December 7, 1954No. 13782PublishedCited by 21 opinions

1Opinion of the Court

HEALY, Circuit Judge.

This is an appeal from a Tax Court decision determining deficiencies in petitioner’s income taxes for the fiscal years ending January 31, 1947 and January 31, 1948. The statute involved is § 23 (p) (1) (C), Title 26 of the Internal Reve nue Code, 26 U.S.C.A. § 28(p)(l)(C), relating to deductions from gross income of contributions of an employer to an exempt profit-sharing trust. 1

The facts were in the main stipulated. Petitioner by action of its board of directors instituted an employee profit-sharing and benefit plan, effective January 31, 1944. The plan was submitted to…

2Cases cited4 opinions

  1. Standard Paving Co. v. Commissioner of Internal Revenue. Standard Paving Co. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1951
  2. Tavannes Watch Co. v. Commissioner of Internal Rev.Court of Appeals for the Second Circuit · 1949
  3. Lincoln Electric Co. Employees' Profit-Sharing Trust v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1951
  4. Commissioner of Internal Revenue v. Product Reporter CoCourt of Appeals for the Seventh Circuit · 1953

3Cited by21 opinions

  1. Cammarano v. United StatesSupreme Court of the United States · 1959
  2. Davis v. CommissionerUnited States Tax Court · 1956
  3. Mississippi River Fuel Corporation v. The United StatesUnited States Court of Claims · 1963
  4. A. B. C. D. Lands, Inc. v. CommissionerUnited States Tax Court · 1964
  5. Barkett v. CommissionerUnited States Tax Court · 1959

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