Legal Opinion
Louis Spitalny and Betty Spitalny, His Wife v. United States of America, William Erdwurm and Bart F. Erdwurm, His Wife v. United States
Court of Appeals for the Ninth Circuit
Decided July 29, 1970No. 23934PublishedCited by 60 opinions
1Opinion of the Court
MERRILL, Circuit Judge:
Appellees brought suit for refund of income taxes and interest in the amount of $110,407.71 assessed against them as transferees of a wholly owned corporation liquidated in February, 1960. The judgment of the District Court (288 F. Supp. 650 (D.Ariz.1968)) was in their favor and the United States has taken this appeal.
The taxpayer corporation was engaged in the business of cattle feeding. Feed on hand, the cost of which had been fully deducted as an expense of doing business, was sold by the corporation pursuant to its plan of liquidation for $177,-437.37. The question…
2Cases cited4 opinions
- West Seattle National Bank of Seattle v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1961
- Commissioner of Internal Revenue v. D. B. AndersCourt of Appeals for the Tenth Circuit · 1969
- Anders v. CommissionerUnited States Tax Court · 1967
- Spitalny v. United StatesDistrict Court, D. Arizona · 1968
3Cited by60 opinions
- Hillsboro National Bank v. CommissionerSupreme Court of the United States · 1983
- Putoma Corp. v. CommissionerUnited States Tax Court · 1976
- Putoma Corp., Successor by Merger of Pro-Mac Company, Petitioners- Cross-Appellants v. Commissioner of Internal Revenue, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1979
- Van Raden v. CommissionerUnited States Tax Court · 1979
- Estate of Munter v. CommissionerUnited States Tax Court · 1975
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