Legal Opinion

United States v. Liberty Baking Corp.

District Court, S.D. New York

Decided October 20, 1938PublishedCited by 1 opinion

1Opinion of the Court

PATTERSON, District Judge.

The action is one to recover $4,331.65 paid to the defendant in refund of income tax for the year 1929. A jury was waived.

For 1929 the defendant filed a consolidated return for a group of companies said *204to be affiliated. One of the companies in the group was Tolley Cake Corporation. The Tolley company had outstanding 1,000 shares of common stock, all owned by the defendant, and 5,160 shares of preferred stock, none owned by the defendant or by any other company in the group. The return included in the computation of income an operating loss of $39,963.82 of the…

2Cases cited4 opinions

  1. Equitable Life Assurance Society of United States v. Union Pacific RailroadNew York Court of Appeals · 1914
  2. Niles v. Ludlow Valve Mfg. Co.Court of Appeals for the Second Circuit · 1913
  3. Equitable L.A. Society v. . U.P.R.R. Co.New York Court of Appeals · 1914
  4. Erie Lighting Co. v. CommissionerCourt of Appeals for the First Circuit · 1937

3Cited by1 opinion

  1. Pioneer Parachute Co. v. Commissioner of Internal Rev.Court of Appeals for the Second Circuit · 1947

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