Legal Opinion
Scroll, Inc., a Florida Corporation v. Commissioner of Internal Revenue
Court of Appeals for the Fifth Circuit
Decided August 13, 1971No. 29207_1PublishedCited by 18 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
Like so many of the contests between aggrieved taxpayers and the Internal Revenue Service, this one hinges upon the vagaries of motive and intention underlying an otherwise unexceptionable corporate transaction. Specifically, we must decide whether a desire to avoid payment of Federal income taxes was the principal purpose behind the acquisition of a loss corporation with a high net operating loss carryover and its subsequent merger with a business having taxable income against which these losses could be offset. 1 Both the Commis sioner and the Tax Court determined…
2Cases cited9 opinions
- Commissioner v. DubersteinSupreme Court of the United States · 1960
- Commissioner v. HeiningerSupreme Court of the United States · 1943
- American Pipe & Steel Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1957
- Mill Ridge Coal Company v. George D. Patterson, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1959
- J. T. Slocomb Company v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1964
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Charles A. Sammons, Individually, and Estate of Rosine S. Sammons, Deceased, Charles A. Sammons, Independent v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1973
- Emory K. Crenshaw, as of the Estate of Frances Wood Wilson, Deceased v. United StatesCourt of Appeals for the Fifth Circuit · 1972
- In Re Washington Mutual, Inc.United States Bankruptcy Court, D. Delaware · 2011
- 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 · 1972
- Your Host, Inc. v. Commissioner of Internal Revenue, Chef Foods, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1973
13 more not listed; retrieve them via the Exa API.