Legal Opinion
Gerald Segal, Individually and D/B/A Segal Cotton Products v. William J. Rochelle, Jr., Trustee
Court of Appeals for the Fifth Circuit
Decided October 12, 1964No. 21043PublishedCited by 12 opinions
1Opinion of the Court
GRIFFIN B. BELL, Circuit Judge.
This appeal presents a question of prime importance in the administration of the Bankruptcy Act. At issue is whether loss-carryback refunds forthcoming under the federal income tax statutes 1 and arising from losses sustained prior to but in the year of bankruptcy go to creditors or the bankrupt.
Gerald Segal and Sam Segal, as individuals, filed voluntary petitions in bankruptcy on September 27, 1961. On the same date Segal Cotton Products, a partnership composed of Gerald Segal and Sam Segal, filed a voluntary petition in bankruptcy. The trustee here was duly…
2Cases cited15 opinions
- Martin v. National Surety Co.Supreme Court of the United States · 1937
- Erwin v. United StatesSupreme Court of the United States · 1878
- Williams v. HeardSupreme Court of the United States · 1891
- California Bank v. United States Fidelity & Guaranty Co.Court of Appeals for the Ninth Circuit · 1942
- Matter of Ideal Mercantile Corporation, Bankrupt. Ideal Mercantile CorporationCourt of Appeals for the Second Circuit · 1957
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Segal v. RochelleSupreme Court of the United States · 1966
- Keydata Corp. v. United StatesUnited States Court of Claims · 1974
- Wilson v. Internal Revenue Service (In Re Wilson)United States Bankruptcy Court, W.D. Arkansas · 1982
- Matter of Gross-Feibel Co., Inc.United States Bankruptcy Court, S.D. Ohio · 1982
- In Re Kendrick & King Lumber, Inc.United States Bankruptcy Court, W.D. Oklahoma · 1981
7 more not listed; retrieve them via the Exa API.