Legal Opinion
Cortland Specialty Co. v. Commissioner of Internal Rev.
Court of Appeals for the Second Circuit
Decided July 29, 1932No. 335PublishedCited by 124 opinions
1Opinion of the Court
AUGUSTUS N. HAND, Circuit Judge.
The question raised by this appeal is whether the transfer by Cortland Specialty Company to Deyo Oil Company, Inc., hereinafter described was a reorganization within the meaning of section 203 (h) (1) of the Revenue Act of 1926, 26 USCA § 934 (h) (1), which relieved the Cortland Company from paying an income tax upon any gain that might result therefrom, or whether the transfer was a mere sale which subjected the transferor to a -tax on any profit which it realized. The Cortland Company made its return upon the theory that the transfer was in effect a…
2Cases cited8 opinions
- Railroad Co. v. GeorgiaSupreme Court of the United States · 1879
- In Re Proving the Will of BergdorfNew York Court of Appeals · 1912
- Symmes v. Union Trust Co.U.S. Circuit Court for the District of Nevada · 1894
- Pinellas Ice & Cold Storage Co. v. Com'r of Int. Rev.Court of Appeals for the Fifth Circuit · 1932
- Lee v. Atlantic Coast Line R.U.S. Circuit Court for the District of South Carolina · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by124 opinions
- McKee v. Harris-Seybold Co.New Jersey Superior Court Appellate Division · 1970
- Commissioner of Internal Revenue v. Ashland Oil & Refining Co.Court of Appeals for the Sixth Circuit · 1938
- Lewis v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1949
- West Texas Refining & D. Co. v. Commissioner of Int. Rev.Court of Appeals for the Tenth Circuit · 1933
- Ladjevardian v. Laidlaw-Coggeshall, Inc.District Court, S.D. New York · 1977
119 more not listed; retrieve them via the Exa API.