Legal Opinion

Robert L. Phinney v. Tuboscope Company

Court of Appeals for the Fifth Circuit

Decided July 24, 1959No. 17376_1PublishedCited by 9 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

We here deal with problems arising under the Korean Excess Profits Tax Statute, as to which others have said, and we have echoed, that this statute “ * * probably represented the most intricate and baffling enactment ever to receive Congressional approval.” Burford-■Toothaker Tractor Co. v. United States, 5 Cir., 1959, 262 F.2d 891.

As we struggle through this intricate web of definitions, exclusions, provisions, exceptions, cross references, limitations, provisos and a general but unavoidable obscurity,1 it is our conclusion that § 430(e) (2) (B) (i), expressly…

2Cases cited5 opinions

  1. Kanawha Gas & Utilities Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1954
  2. Georgia-Pacific Corporation v. United StatesCourt of Appeals for the Fifth Circuit · 1959
  3. Burford-Toothaker Tractor Company, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1959
  4. Steuben Sec. Corp. v. CommissionerUnited States Tax Court · 1943
  5. General Retail Corp. v. CommissionerUnited States Tax Court · 1957

3Cited by9 opinions

  1. Robinson's Dairy, Inc. v. CommissionerUnited States Tax Court · 1961
  2. Robinson's Dairy, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1962
  3. Sam E. Wyly v. United StatesCourt of Appeals for the Fifth Circuit · 1981
  4. Estate of Otis E. Byrd, Jimmie Lou Byrd, Administratrix, Peitioner v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1968
  5. Caruth v. United StatesDistrict Court, N.D. Texas · 1987

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