Legal Opinion
Bercy Industries, Inc., and Subsidiaries v. Commissioner of Internal Revenue
Court of Appeals for the Ninth Circuit
Decided March 30, 1981No. 78-3104PublishedCited by 5 opinions
1Opinion of the Court
TRASK, Circuit Judge:
Appellant Bercy Industries, Inc. (Bercy), appeals from a decision of the Tax Court 1 affirming a deficiency assessment by the Commissioner of Internal Revenue (the Commissioner). This court has jurisdiction pursuant to I.R.C. [26 U.S.C.] § 7482. Bercy contends that the Commissioner improperly denied it a loss carryback under section 381 of the Internal Revenue Code (the Code). Subsection (b)(3) of that section limits post-reorganization loss carry-backs by the surviving corporation of certain tax-free reorganizations. Surviving corporations in other tax-free…
2Cases cited11 opinions
- New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
- Gregory v. HelveringSupreme Court of the United States · 1935
- Libson Shops, Inc., v. Koehler, District Director of Internal RevenueSupreme Court of the United States · 1957
- Helvering v. Metropolitan Edison Co.Supreme Court of the United States · 1939
- Stanton Brewery v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1949
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kritt v. Kritt (In Re Kritt)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- Lomas Santa Fe, Inc. v. CommissionerCourt of Appeals for the Ninth Circuit · 1982
- Grove Equity v. CommissionerUnited States Tax Court · 1994
- Lomas Santa Fe, Inc. v. Commissioner Of Internal RevenueCourt of Appeals for the Ninth Circuit · 1982
- Shaine v. United States (In re J.H.I., Inc.)United States Bankruptcy Court, D. New Jersey · 1984