Legal Opinion

Virginia Stevedoring Corp. v. Commissioner

United States Tax Court

Decided July 31, 1958No. Docket Nos. 61343, 68831Published

Since petitioner did not acquire before December 1, 1950, substantially all the properties (other than cash) of three other corporations here involved, it is held that petitioner is not a "purchasing corporation" within the meaning of section 474 (a) of the Internal Revenue Code of 1939, and is, therefore, not entitled to use the base period experience of the said three corporations in computing its excess profits credits for the years in question.

1Opinion of the Court

Virginia Stevedoring Corporation, Petitioner, v. Commissioner of Internal Revenue, Respondent

Virginia Stevedoring Corp. v. Commissioner

Docket Nos. 61343, 68831

United States Tax Court

30 T.C. 996; 1958 U.S. Tax Ct. LEXIS 116;

July 31, 1958, Filed

Decisions will be entered for the respondent.

Since petitioner did not acquire before December 1, 1950, substantially all the properties (other than cash) of three other corporations here involved, it is held that petitioner is not a "purchasing corporation" within the meaning of section 474 (a) of the Internal Revenue Code of 1939, and is, therefore, not…

2Cases cited5 opinions

  1. Daniels Buick, Inc. v. CommissionerUnited States Tax Court · 1956
  2. Daniels Buick, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1958
  3. Pillar Rock Packing Co. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1937
  4. Crater Lake Machinery Co. v. CommissionerUnited States Tax Court · 1957
  5. Virginia Stevedoring Corp. v. CommissionerUnited States Tax Court · 1958

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