Legal Opinion

Beacon Auto Radiator Repair Co. v. Commissioner

United States Tax Court

Decided April 28, 1969No. Docket No. 5156-67Published

B corporation, engaged in both the manufacture and repair of automobile radiators, transferred its repair business to B', a corporation under common control having a similar name. Both businesses were thereafter operated in the same manner as they previously had been conducted, in the same building and under the same management; there was no serious attempt to impress customers with the separate corporate identities.

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B corporation, engaged in both the manufacture and repair of automobile radiators, transferred its repair business to B', a corporation under common control having a similar name. Both businesses were thereafter operated in the same manner as they previously had been conducted, in the same building and under the same management; there was no serious attempt to impress customers with the separate corporate identities. Held, B' has not shown by a "clear preponderance of the evidence" that the securing of an additional surtax exemption was not "a major purpose" of the transfer. Sec. 1551, I.R.C.…

1Opinion of the Court

Beacon Auto Radiator Repair Co., Inc., Petitioner v. Commissioner of Internal Revenue, Respondent

Beacon Auto Radiator Repair Co. v. Commissioner

Docket No. 5156-67

United States Tax Court

52 T.C. 155; 1969 U.S. Tax Ct. LEXIS 142;

April 28, 1969, Filed

Decision will be entered for the respondent.

B corporation, engaged in both the manufacture and repair of automobile radiators, transferred its repair business to B', a corporation under common control having a similar name. Both businesses were thereafter operated in the same manner as they previously had been conducted, in the same building and…

2Cases cited10 opinions

  1. Bush Hog Mfg. Co. v. CommissionerUnited States Tax Court · 1964
  2. Coastal Oil Storage Company, and v. Commissioner of Internal Revenue, AndCourt of Appeals for the Fourth Circuit · 1957
  3. Truck Terminals, Inc., on Review v. Commissioner of Internal Revenue, on ReviewCourt of Appeals for the Ninth Circuit · 1963
  4. Sno-Frost, Inc. v. CommissionerUnited States Tax Court · 1959
  5. Coastal Oil Storage Co. v. CommissionerUnited States Tax Court · 1956

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