Legal Opinion
Le Beau Tours Inter-America, Inc. v. United States
District Court, S.D. New York
Decided May 18, 1976No. 73 Civ. 1907Published
1Opinion of the Court
GAGLIARDI, District Judge.
This case raises a question of first impression under Section 921 of the Internal Revenue Code of 1954 (the Code). The parties have stipulated to certain facts and both have cross-moved for summary judgment.
The plaintiff, Le Beau Tours Inter-America, Inc.'(“Le Beau Inter-America”) sues for a refund of more than $100,000 in taxes it paid for the years 1966 through 1968 pursuant to a deficiency notice from the I.R.S. for those years. The deficiency resulted from the government’s disallowance of plaintiff’s claim that it qualified under Section 921 of the Code as a…
2Cases cited3 opinions
- Commissioner of Internal Rev. v. PIEDRAS NEGRAS B. CO.Court of Appeals for the Fifth Circuit · 1942
- Tipton and Kalmbach, Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 1973
- Commissioner of Internal Revenue v. Pfaudler Inter-American CorporationCourt of Appeals for the Second Circuit · 1964