Legal Opinion
Thomas P. Stanton and Wanda S. Stanton v. United States
Court of Appeals for the Third Circuit
Decided March 3, 1975No. 74-1530PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
GIBBONS, Circuit Judge.
The United States appeals from a final judgment in favor of taxpayers Thomas P. Stanton and Wanda S. Stanton for a refund of income tax paid for the tax year 1966. 1 The claimed overpayment depends upon the proper tax treatment to be afforded to Mr. Stanton’s 1966 decision to terminate a Sub-chapter R election 2 which he had made in 1964. By virtue of that election his sole proprietorship, Stanton Refractory Sales Company, was taxed as if it were a corporation. Stanton chose to terminate because Congress, in 1966, had repealed the provision in the…
2Cases cited8 opinions
- American Bantam Car Co. v. CommissionerUnited States Tax Court · 1948
- Wilgard Realty Co. v. Commissioner of Internal Rev.Court of Appeals for the Second Circuit · 1942
- Manhattan Bldg. Co. v. CommissionerUnited States Tax Court · 1957
- Fahs v. Florida MacHine & Foundry Co.Court of Appeals for the Fifth Circuit · 1948
- Estate of Wein v. CommissionerUnited States Tax Court · 1963
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3Cited by5 opinions
- D'Angelo Assoc., Inc. v. CommissionerUnited States Tax Court · 1978
- Berger Machine Products, Inc. v. CommissionerUnited States Tax Court · 1977
- Berger Machine Products, Inc. v. CommissionerUnited States Tax Court · 1977
- D'Angelo Assoc., Inc. v. CommissionerUnited States Tax Court · 1978
- Las Vegas Skydiving Adventures LLC v. Groupon, Inc.District Court, D. Nevada · 2019