Legal Opinion
Cooper Foundation v. O'MALLEY
District Court, D. Nebraska
Decided May 26, 1954No. Civ. 49-50PublishedCited by 6 opinions
1Opinion of the Court
DONOHOE, Chief Judge.
This is a suit for refund o'f federal income taxes which plaintiff alleges were illegally and wrongfully assessed and collected. This court has jurisdiction by virtue of Section 1340, Title 28, U.S.C.A.
In its income tax return for 1943, Interstate Theatres, Inc., deducted as an ordinary and necessary business expense a lease premium of $117,458.35 as a deduction from gross income. At the end of 1943, the assets of Interstate Theatres were distributed in liquidation to the sole stockholder, Cooper Foundation. A notice of deficiency was sent to the transferee taxpayer,…
2Cases cited16 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- A. & A. Tool & Supply Co. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1950
- Scofield, Collector of Internal Revenue v. GreerCourt of Appeals for the Fifth Circuit · 1950
- Main & McKinney Bldg. Co., of Houston v. CommissionerCourt of Appeals for the Fifth Circuit · 1940
- Tyson v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1944
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Commissioner of Internal Revenue v. José FerrerCourt of Appeals for the Second Circuit · 1962
- Cooper Foundation, a Corporation v. George W. O'MalleyCourt of Appeals for the Eighth Circuit · 1955
- In re the Estate of HoweNew York Surrogate's Court · 1954
- Sullivan v. United StatesDistrict Court, W.D. Missouri · 1965
- Action Distributing Co. v. CommissionerUnited States Tax Court · 1987
1 more not listed; retrieve them via the Exa API.