Legal Opinion
Exel Corporation v. United States
Court of Appeals for the Eighth Circuit
Decided November 9, 1971No. 71-1063PublishedCited by 13 opinions
1Opinion of the Court
VAN OOSTERHOUT, Circuit Judge.
This is a timely appeal by the United States from final judgment awarding Exel Corporation $13,302.69 for refund of income tax erroneously assessed and paid for the fiscal years ending July 31, 1961, 1962, 1963 and 1964. The proper foundation for the suit was laid; jurisdiction is established.
The critical issue presented by the appeal is whether a loss carryover claimed by the taxpayer Exel Corporation for the years 1961 through 1964 is made unavailable under the facts in this case by § 382(a), I.R.C.1954 (26 U.S.C.A. § 382(a)). 1
The trial court held that §…
2Cases cited16 opinions
- Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
- Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
- Automobile Club of Mich. v. CommissionerSupreme Court of the United States · 1957
- Higgins v. CommissionerSupreme Court of the United States · 1941
- Dixon v. United StatesSupreme Court of the United States · 1965
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Anderson, Clayton & Co., Plaintiff-Appellee-Cross-Appellant v. United States of America, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1977
- Federal Deposit Insurance v. Refco Group, Ltd.District Court, D. Colorado · 1997
- H. Douglas Wilson, and Roberta D. Wilson v. United StatesCourt of Appeals for the Sixth Circuit · 1978
- Howard E. Clendenen, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 2000
- Butka v. CommissionerUnited States Tax Court · 1988
8 more not listed; retrieve them via the Exa API.