Legal Opinion

National Tea Co. v. Commissioner

United States Tax Court

Decided July 11, 1984No. Docket No. 31558-81Published

On Dec. 26, 1974, S, a subsidiary of petitioner, merged with and into petitioner. The merger qualified as a reorganization described in sec. 368(a)(1)(F), I.R.C. 1954. For the taxable year ended Dec. 28, 1974, petitioner and its affiliates sustained a consolidated net operating loss.

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On Dec. 26, 1974, S, a subsidiary of petitioner, merged with and into petitioner. The merger qualified as a reorganization described in sec. 368(a)(1)(F), I.R.C. 1954. For the taxable year ended Dec. 28, 1974, petitioner and its affiliates sustained a consolidated net operating loss. None of the loss was attributable to the business formerly operated by S. Petitioner claimed a refund based upon the carryback of the post-reorganization loss to a pre-reorganization (separate tax return) year of S. Held, respondent properly disallowed the carryback of the post-reorganization loss to S's…

1Opinion of the Court

National Tea Co. and Consolidated Subsidiaries, as Successor to National Supermarkets, Inc., Formerly National Food Stores of Louisiana, Inc., Petitioner v. Commissioner of Internal Revenue, Respondent

National Tea Co. v. Commissioner

Docket No. 31558-81

United States Tax Court

83 T.C. 8; 1984 U.S. Tax Ct. LEXIS 52; 83 T.C. No. 2;

July 11, 1984; As Amended. July 11, 1984, Filed

Decision will be entered for the respondent.

On Dec. 26, 1974, S, a subsidiary of petitioner, merged with and into petitioner. The merger qualified as a reorganization described in sec. 368(a)(1)(F), I.R.C. 1954. For the…

2Cases cited17 opinions

  1. Libson Shops, Inc., v. Koehler, District Director of Internal RevenueSupreme Court of the United States · 1957
  2. Estate of Bernard H. Stauffer, Bonnie H. Stauffer v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1968
  3. Maxwell Hardware Company, a Corporation, on Review v. Commissioner of Internal Revenue, on ReviewCourt of Appeals for the Ninth Circuit · 1965
  4. Associated MacHine (Formerly Associated MacHine Shop), a Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1968
  5. Stauffer v. CommissionerUnited States Tax Court · 1967

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