Legal Opinion

South Dade Farms, Inc. v. Commissioner of Internal Revenue

Court of Appeals for the Fifth Circuit

Decided November 16, 1943No. 10746PublishedCited by 28 opinions

1Opinion of the Court

HOLMES, Circuit Judge.

This is a petition for review of a decision of the Tax Court sustaining in part a deficiency assessment by the Commissioner with respect to the income and excess profits taxes of the petitioner for its fiscal year ending June 30, 1937.

Section 41 of the Revenue Act of 1936 provides that net income shall he computed upon the basis of the taxpayer’s annual accounting period in accordance with the method of accounting regularly employed in keeping the books of the taxpayer; but if the method employed does not clearly reflect income, the computation shall be made in…

2Cases cited4 opinions

  1. North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
  2. Brown v. HelveringSupreme Court of the United States · 1934
  3. American National Co. v. United StatesSupreme Court of the United States · 1927
  4. Astor Holding Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1943

3Cited by28 opinions

  1. Beacon Publishing Company, a Kansas Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1955
  2. BJR Corp. v. CommissionerUnited States Tax Court · 1976
  3. Automobile Club of New York, Inc. v. CommissionerUnited States Tax Court · 1959
  4. Pridemark, Inc. v. CommissionerUnited States Tax Court · 1964
  5. Mooney Aircraft, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1970

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