Legal Opinion
R. H. MacY & Co., Inc., L. Bamberger & Co., Davison-Paxon Co., and the La Salle & Koch Company v. United States
Court of Appeals for the Second Circuit
Decided June 16, 1958No. 189, Docket 24710PublishedCited by 21 opinions
1Opinion of the Court
CLARK, Chief Judge.
The defendant appeals from a summary judgment in favor of the taxpayer, Macy,1 allowing it to recover income and excess profits taxes for the fiscal year 1942 and denying defendant’s cross-motion for summary judgment. D.C.S.D. N.Y., 148 F.Supp. 377. The facts have been stipulated. At issue is whether Macy, in 1948, may recompute taxable income for the fiscal year 1942, using the “last-in, first-out” (LIFO) method of inventory, when it had failed to file an election to use that method within the time prescribed by the Commissioner of Internal Revenue.
In its operation of…
2Cases cited7 opinions
- Automobile Club of Mich. v. CommissionerSupreme Court of the United States · 1957
- Commissioner of Internal Revenue v. Philadelphia Transp. Co.Court of Appeals for the Third Circuit · 1949
- Hutzler Bros. Co. v. CommissionerUnited States Tax Court · 1947
- Basse v. CommissionerUnited States Tax Court · 1948
- Kaufmann & Baer Company v. United StatesUnited States Court of Claims · 1956
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- R. H. Macy & Co. v. Director, Division of TaxationNew Jersey Superior Court Appellate Division · 1962
- Thorrez v. CommissionerUnited States Tax Court · 1958
- Hornberger v. CommissionerCourt of Appeals for the Fifth Circuit · 1961
- Commissioner of Internal Revenue v. Joseph E. Seagram & Sons, Inc.Court of Appeals for the Second Circuit · 1968
- National Lead Company v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1964
16 more not listed; retrieve them via the Exa API.