Legal Opinion
A. C. Burton & Co. v. Commissioner of Internal Revenue
Court of Appeals for the Fifth Circuit
Decided June 30, 1951No. 13437_1PublishedCited by 10 opinions
1Opinion of the Court
JOSEPH C. HUTCHESON, Chief Judge.
Involving excess profits taxes for the years 1942-1943, the single question, this appeal presents, is whether the taxpayer corporation, which in June, 1940, acquired substantially all of the properties of a sole proprietorship operated under the name of A. C. Burton & Co., was an “acquiring corporation”, within the meaning of Sec. 740(a)(1)(D),1 and thus was entitled to compute its excess profits credits by the income method.
The question arises in this way. In its returns for 1942 and 1943, the corporation computed its excess profits credits on the basis of…
2Cases cited17 opinions
- Helvering v. Tex-Penn Oil Co.Supreme Court of the United States · 1937
- Howell Turpentine Co. v. Commissioner of Internal Rev.Court of Appeals for the Fifth Circuit · 1947
- Harris Stanley Coal & Land Co. v. Chesapeake & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1946
- Helvering v. New Haven & S. L. R.Court of Appeals for the Second Circuit · 1941
- Commissioner of Internal Revenue v. Fiske's EstateCourt of Appeals for the Seventh Circuit · 1942
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Vest v. CommissionerUnited States Tax Court · 1971
- Dixie Portland Flour Co. v. CommissionerUnited States Tax Court · 1958
- J. M. Turner and Company, Incorporated v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1957
- Forrest Hotel Corp. v. FlyDistrict Court, S.D. Mississippi · 1953
- A. C. Burton & Co. v. CommissionerUnited States Tax Court · 1952
5 more not listed; retrieve them via the Exa API.