Vulcan Materials Company v. United States

ALDISERT, Circuit Judge:

Two principal issues are presented by these appeals from the district court’s denial of federal income tax refunds: (I) whether organization or reorganization expenses incurred by appellant’s predecessors, and concededly capital in nature and not deductible when incurred, became deductible upon the occurrence of statutory mergers carried out pursuant to 26 U.S.C. § 368(a) (1) (A); (II) whether appellant met its burden of overcoming the Commissioner’s determination that one of its predecessors, Follans-bee Steel Corporation, had acquired two other corporations for the…