Legal Opinion

McCutchin Drilling Co. v. Commissioner of Internal Rev.

Court of Appeals for the Fifth Circuit

Decided June 27, 1944No. 10918PublishedCited by 13 opinions

1Opinion of the Court

LEE, Circuit Judge.

This case calls for a review of a decision of the Tax Court upholding the Commissioner’s determination of a deficiency in petitioner’s income tax for the taxable year ending September 30, 1940. The question before us is whether the findings of the Tax Court, resulting in the conclusion that petitioner was availed of to avoid the imposition of a surtax upon its shareholders, are supported by the evidence.

Petitioner is a Texas corporation, chartered in October of 1935, with a capital of $25,000 represented by 250 shares of stock, all of which were owned by Alex McCutchin, its…

2Cases cited12 opinions

  1. Helvering v. National Grocery Co.Supreme Court of the United States · 1938
  2. Helvering v. Chicago Stock Yards Co.Supreme Court of the United States · 1943
  3. United Business Corporation v. Commissioner of Int. Rev.Court of Appeals for the Second Circuit · 1933
  4. JM Perry & Co. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1941
  5. Wilson Bros. & Co. v. CommissionerCourt of Appeals for the Ninth Circuit · 1941

7 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Pelton Steel Casting Co. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1958
  2. Dixie, Inc. v. CommissionerUnited States Tax Court · 1958
  3. Kerr-Cochran, Incorporated, a Nebraska Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1958
  4. J. Gordon Turnbull, Inc. v. CommissionerUnited States Tax Court · 1963
  5. World Pub. Co. v. United StatesCourt of Appeals for the Tenth Circuit · 1948

8 more not listed; retrieve them via the Exa API.

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