Stauffer v. Commissioner
United States Tax Court
1. Corporations A, B, and C, organized under the laws of California, Illinois, and New York, respectively, carried on separate but related businesses in different parts of the United States. A, B, and C were merged into a new corporation, D, organized under the laws of New Mexico. A, B, C, and D had the same sole stockholder and the same officers; and the businesses formerly conducted by A, B, and C were carried on by D in the same manner as before the merger.
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1. Corporations A, B, and C, organized under the laws of California, Illinois, and New York, respectively, carried on separate but related businesses in different parts of the United States. A, B, and C were merged into a new corporation, D, organized under the laws of New Mexico. A, B, C, and D had the same sole stockholder and the same officers; and the businesses formerly conducted by A, B, and C were carried on by D in the same manner as before the merger. Held, the fusion of A, B, and C into D was not a "mere change in identity, form, or place of organization" within the meaning of sec.…
1Opinion of the Court
OPINION
Ratjm, Judge:
1. (F) Reorganization Issue. — Each of the three old Stauffer companies (California, Illinois, and New York), the taxpayers herein, had a fiscal year ending January 31. On October 1,1959, all three were absorbed by Stauffer New Mexico pursuant to the statutory merger laws of California, Illinois, New York, and New Mexico, and their separate existence ceased on that day. The two principal questions before us are (a) whether the taxable year of each of the old companies was required to end at the time of the merger, with the consequence that each was obliged to file a…
2Cases cited17 opinions
- Helvering v. Southwest Consolidated Corp.Supreme Court of the United States · 1942
- Libson Shops, Inc., v. Koehler, District Director of Internal RevenueSupreme Court of the United States · 1957
- Bazley v. CommissionerSupreme Court of the United States · 1947
- Marr v. United StatesSupreme Court of the United States · 1925
- J. E. Davant and Kathryn Davant v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. J. E. Davant and Kathryn DavantCourt of Appeals for the Fifth Circuit · 1966
12 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Associated Machine v. CommissionerUnited States Tax Court · 1967
- Casco Products Corp. v. CommissionerUnited States Tax Court · 1967
- Eastern Color Printing Co. v. CommissionerUnited States Tax Court · 1974
- Home Mutual Insurance Company, Cross v. Commissioner of Internal Revenue, CrossCourt of Appeals for the Seventh Circuit · 1980
- Baan v. CommissionerUnited States Tax Court · 1969
29 more not listed; retrieve them via the Exa API.