Legal Opinion

Riss v. Commissioner

United States Tax Court

Decided May 24, 1971No. Docket Nos. 3794-62, 3795-62, 3879-62, 3178-66Published

1. Petitioner Transport Manufacturing & Equipment Co. of Delaware (T.M.E.) and its sister corporation, Riss & Co., Inc. (Riss), were controlled by the same family interests.

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1. Petitioner Transport Manufacturing & Equipment Co. of Delaware (T.M.E.) and its sister corporation, Riss & Co., Inc. (Riss), were controlled by the same family interests. Riss was, during all of the years under consideration, a common carrier, authorized to use certain trucking routes granted to it by the Interstate Commerce Commission (Commission). In accordance with an industry-wide practice T.M.E. was brought into being in 1938 to serve as a conduit through which Riss could procure equipment (both rolling and stationary) which it otherwise would have had difficulty in obtaining because…

1Opinion of the Court

Richard R. Riss, Sr., et al., 1 Petitioners v. Commissioner of Internal Revenue, Respondent

Riss v. Commissioner

Docket Nos. 3794-62, 3795-62, 3879-62, 3178-66

United States Tax Court

56 T.C. 388; 1971 U.S. Tax Ct. LEXIS 130;

May 24, 1971, Filed

Decisions will be entered under Rule 50.

1. Petitioner Transport Manufacturing & Equipment Co. of Delaware (T.M.E.) and its sister corporation, Riss & Co., Inc. (Riss), were controlled by the same family interests. Riss was, during all of the years under consideration, a common carrier, authorized to use certain trucking routes granted to it by the…

2Cases cited75 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Knetsch v. United StatesSupreme Court of the United States · 1960
  3. Sanford v. CommissionerUnited States Tax Court · 1968
  4. United States v. Cumberland Public Service Co.Supreme Court of the United States · 1950
  5. National Carbide Corp. v. CommissionerSupreme Court of the United States · 1949

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