Legal Opinion
United States v. Federated Department Stores, Inc. (In Re Federated Department Stores, Inc.)
District Court, S.D. Ohio
Decided July 28, 1994No. C-1-93-175. Bankruptcy No. 1-90-130PublishedCited by 4 opinions
1Opinion of the Court
OPINION AND ORDER
GEORGE C. SMITH, District Judge.
The Internal Revenue Service (“IRS”) appeals the bankruptcy court’s decision allowing Federated Department Stores and Allied Stores Corporation currently to deduct break-up fees associated with a failed merger defense to a hostile takeover, pursuant to 26 U.S.C. § 162 and 26 U.S.C. § 165. This Court has jurisdiction under 28 U.S.C. § 158(a).
I
The facts of this case are undisputed. While the legal dispute between the IRS and Federated and between the IRS and Allied is the same, each dispute involves slightly dif ferent facts. A summary of the…
2Cases cited27 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Welch v. HelveringSupreme Court of the United States · 1933
- Indopco, Inc. v. CommissionerSupreme Court of the United States · 1992
- Commissioner v. TellierSupreme Court of the United States · 1966
- Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc.Supreme Court of Delaware · 1986
22 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- A.E. Staley Manufacturing Company and Subsidiaries v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1997
- In Re HollarsUnited States Bankruptcy Court, S.D. Ohio · 1996
- In Re Diamonds Plus, Inc.United States Bankruptcy Court, E.D. Arkansas · 1999
- Norwest Corp. v. CommissionerUnited States Tax Court · 1999