Legal Opinion
Texasgulf, Inc., and Subsidiaries, as Successor in Interest to Texasgulf, Inc. And Subsidiaries v. Commissioner of Internal Revenue
Court of Appeals for the Second Circuit
Decided April 5, 1999No. Docket 97-4202PublishedCited by 19 opinions
1Opinion of the Court
STRAUB, Circuit Judge.
The Commissioner of Internal Revenue appeals from a decision of the United States Tax Court (John O. Colvin, Judge) granting the petition of Texasgulf, Inc., and Subsidiaries (“Texasgulf’) for a rede-termination of tax liabilities for 1978, 1979, and 1980. The Tax Court concluded that for those taxable years, the Ontario Mining Tax (“OMT”) is an income tax that qualifies for the foreign tax credit provided by Internal Revenue Code § 901 and Treasury Regulation § 1.901-2. The Commissioner disputes this conclusion, arguing that the OMT as enacted and interpreted during the…
2Cases cited10 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Helvering v. TaylorSupreme Court of the United States · 1935
- Burnet v. Chicago Portrait Co.Supreme Court of the United States · 1932
- Bank of America National Trust & Savings Ass'n v. United StatesUnited States Court of Claims · 1972
- Inland Steel Co. v. United StatesUnited States Court of Claims · 1982
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Elizabeth N. Callaway v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 2000
- Emanuel Weisbart v. United States Department of Treasury and Internal Revenue ServiceCourt of Appeals for the Second Circuit · 2000
- Tax & Accounting Software Corp. v. United StatesCourt of Appeals for the Tenth Circuit · 2002
- Exxon Corp. v. CommissionerUnited States Tax Court · 1999
- American Valmar International Ltd., Inc. & Valeri Markovski v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 2000
14 more not listed; retrieve them via the Exa API.