Legal Opinion

Las Cruces Oil Co. v. Commissioner

United States Tax Court

Decided September 9, 1974No. Docket No. 859-73Published

The assets of two partnerships engaged in selling petroleum and related products were transferred to petitioner in a transaction meeting the requirements of sec. 351, I.R.C. 1954. The final returns of the partnerships erroneously omitted portions of their closing inventories.

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The assets of two partnerships engaged in selling petroleum and related products were transferred to petitioner in a transaction meeting the requirements of sec. 351, I.R.C. 1954. The final returns of the partnerships erroneously omitted portions of their closing inventories. Held, under sec. 362(a)(1), I.R.C. 1954, petitioner is entitled to use as its basis for its opening inventory the actual amounts of inventory on hand, unadjusted for the errors in the partnerships' final returns.

1Opinion of the Court

Las Cruces Oil Company, Inc., Petitioner v. Commissioner of Internal Revenue, Respondent

Las Cruces Oil Co. v. Commissioner

Docket No. 859-73

United States Tax Court

62 T.C. 764; 1974 U.S. Tax Ct. LEXIS 50; 62 T.C. No. 82;

September 9, 1974, Filed

Decision will be entered under Rule 155.

The assets of two partnerships engaged in selling petroleum and related products were transferred to petitioner in a transaction meeting the requirements of sec. 351, I.R.C. 1954. The final returns of the partnerships erroneously omitted portions of their closing inventories. Held, under sec. 362(a)(1), I.R.C. 1954,…

2Cases cited33 opinions

  1. Lucas v. American Code Co.Supreme Court of the United States · 1930
  2. Brown v. HelveringSupreme Court of the United States · 1934
  3. Commissioner v. Gooch Milling & Elevator Co.Supreme Court of the United States · 1944
  4. Gooding Amusement Co. v. CommissionerUnited States Tax Court · 1954
  5. Mayfair Minerals, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1972

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