Legal Opinion

Ohio Periodical Distributors, Inc. v. Commissioner

Court of Appeals for the Sixth Circuit

Decided January 29, 1997No. 96-1136PublishedCited by 1 opinion

1Opinion of the CourtGuy, J., joined by Merritt, J.,

KENNEDY, J. (pp. 327-29), delivered a separate dissenting opinion.

RALPH B. GUY, Jr.,'Circuit Judge.

Petitioner, Ohio Periodical Distributors, Inc., a subchapter S corporation, appeals judgment for the respondent, Commissioner of Internal Revenue, in taxpayer’s petition for readjustment action.1 The sole issue in this case involves the validity of Treas. Reg. § 1.458-l(g), interpreting I.R.C. § 458. Section 458 authorizes distributors and publishers of periodicals to exclude from gross income the income earned for magazines and paperbacks that are returned for credit shortly after the end of…

2Cases cited4 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Crawford Fitting Co. v. J. T. Gibbons, Inc.Supreme Court of the United States · 1987
  3. Hachette USA v. CommissionerUnited States Tax Court · 1995
  4. Hachette Usa, Inc., as Successor to Hachette Publications, Inc., and Curtis Circulation Co., Subsidiary v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1996

3Cited by1 opinion

  1. Ohio Periodical Distributors, Inc. v. Commissioner Of Internal RevenueCourt of Appeals for the Sixth Circuit · 1997

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