Legal Opinion
Phillip B. Hardin v. United States of America, Hardin's Bakeries Corporation v. United States of America, (Two Cases)
Court of Appeals for the Fifth Circuit
Decided June 7, 1972No. 71-1049, 71-1405, 71-1406PublishedCited by 30 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
In this consolidated appeal of three Federal income tax refund suits the score thus far stands 2-1 in favor of the Government. The opposing line-up consists of Phillip B. Hardin (Taxpayer) and two of his wholly owned corporations manufacturing bread and other bakery products in Mississippi. 1 Both corporations were thrown out in a double play when the District Court concluded that they had retained earnings and profits in amounts exceeding their reasonable business needs for the purpose of income tax avoidance and were therefore subject to the accumulated earnings…
2Cases cited21 opinions
- Helvering v. HorstSupreme Court of the United States · 1940
- Helvering v. National Grocery Co.Supreme Court of the United States · 1938
- Interstate Transit Lines v. CommissionerSupreme Court of the United States · 1943
- Irving Sachs v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1960
- Commissioner v. GordonSupreme Court of the United States · 1968
16 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Recklitis v. CommissionerUnited States Tax Court · 1988
- Loftin And Woodard, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1978
- Crosby v. United StatesCourt of Appeals for the Fifth Circuit · 1974
- Cirelli v. CommissionerUnited States Tax Court · 1984
- Crosby v. United StatesCourt of Appeals for the Fifth Circuit · 1974
25 more not listed; retrieve them via the Exa API.