Legal Opinion

Phebus Oil Co. v. Commissioner

Court of Appeals for the Fifth Circuit

Decided February 18, 1943No. 10365PublishedCited by 3 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

What is for decision here is whether payments petitioner made in 1936 and 1937, to the Arkansas Gas Company and the Ohio Fuel Oil Company pursuant to the provision1 of a written contract dated December 29, 1921, between Penn Wyo Trustees, the sole owners of its stock, and those two companies, entitled petitioner to the credit against income allowed by Sec. 26(c) (2), Revenue Act of 1936, 26 U.S.C.A. Int.Rev.Acts, page 8362 for monies paid in discharge of a debt within the meaning of that section. The *218commissioner determined that they did not, and the Board affirmed,…

2Cases cited5 opinions

  1. Helvering v. Northwest Steel Rolling Mills, Inc.Supreme Court of the United States · 1940
  2. Helvering v. Ohio Leather Co.Supreme Court of the United States · 1942
  3. Mills v. CommissionerCourt of Appeals for the Fifth Circuit · 1942
  4. Atlantic Co. v. CommissionerCourt of Appeals for the Fifth Circuit · 1942
  5. Commissioner v. Dulup Oil Co.Court of Appeals for the Fifth Circuit · 1942

3Cited by3 opinions

  1. Anglim v. Acme Brewing Co.Court of Appeals for the Ninth Circuit · 1944
  2. Hughes Tool Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1945
  3. Houston Cotton Exchange Bldg. Co. v. CommissionerCourt of Appeals for the Fifth Circuit · 1943

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