Legal Opinion

Fairmont Aluminum Co. v. Commissioner

United States Tax Court

Decided September 30, 1954No. Docket No. 40176Published

1. In a prior decision this Court concluded that the taxpayer's proof, consisting solely of stipulated facts, was insufficient to establish error in the determination of the Commissioner.

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1. In a prior decision this Court concluded that the taxpayer's proof, consisting solely of stipulated facts, was insufficient to establish error in the determination of the Commissioner. Held, the prior decision was a decision "on the merits" that can serve to preclude relitigation of the identical issues arising in a determination of the taxpayer's liability for a later year. 2. Held, further, the addition of a provision to the Judicial Code in 1951 relating to the admissibility of secondary evidence in all courts of the United States was not, in the circumstances of this case, such a…

1Opinion of the Court

Fairmont Aluminum Company, Petitioner, v. Commissioner of Internal Revenue, Respondent

Fairmont Aluminum Co. v. Commissioner

Docket No. 40176

United States Tax Court

22 T.C. 1377; 1954 U.S. Tax Ct. LEXIS 89;

September 30, 1954, Filed September 30, 1954, Filed

Decision will be entered under Rule 50.

1. In a prior decision this Court concluded that the taxpayer's proof, consisting solely of stipulated facts, was insufficient to establish error in the determination of the Commissioner. Held, the prior decision was a decision "on the merits" that can serve to preclude relitigation of the identical…

2Cases cited51 opinions

  1. Commissioner v. SunnenSupreme Court of the United States · 1948
  2. Cromwell v. County of SacSupreme Court of the United States · 1877
  3. Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
  4. United States v. International Building Co.Supreme Court of the United States · 1953
  5. United States v. MantonCourt of Appeals for the Second Circuit · 1938

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