Legal Opinion

Commissioner of Internal Revenue v. National Bellas Hess, Inc.

Court of Appeals for the Eighth Circuit

Decided March 21, 1955No. 15034PublishedCited by 18 opinions

1Opinion of the Court

JOHNSEN, Circuit Judge.

The question is whether the Tax Court was warranted in holding, as it did, 20 T.C. 636, that a transfer made of some physical assets and the good will of National Bellas Hess Co., Inc., a New York corporation, to National Bellas Hess, Inc., a Delaware corporation, for 300,-000 shares of the latter’s capital stock, 1 amounted in the situation involved to an exchange of property “in pursuance of the plan of reorganization,” within the meaning of § 112(b) (4) of the Internal Revenue Act of 1932, 47 Stat. 169, 26 U.S.C.A. Int.Rev.Acts, pp. 475 et seq., 511.

The New York…

2Cases cited8 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. American Bantam Car Co. v. CommissionerUnited States Tax Court · 1948
  3. Wilgard Realty Co. v. Commissioner of Internal Rev.Court of Appeals for the Second Circuit · 1942
  4. Chrysler Corp. v. TofanyCourt of Appeals for the Second Circuit · 1969
  5. Scientific Instrument Co. v. CommissionerUnited States Tax Court · 1952

3 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Duncan Industries, Inc., etc. v. CommissionerUnited States Tax Court · 1979
  2. Berghash v. CommissionerUnited States Tax Court · 1965
  3. McDonald's of Zion, 432, Ill., Inc. v. CommissionerUnited States Tax Court · 1981
  4. Manhattan Bldg. Co. v. CommissionerUnited States Tax Court · 1957
  5. Kamborian v. CommissionerUnited States Tax Court · 1971

13 more not listed; retrieve them via the Exa API.

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