Legal Opinion

New York Sun, Inc. v. Commissioner

United States Tax Court

Decided November 26, 1956No. Docket No. 36968Published

1Opinion of the Court

OPINION.

Atkins, Judge:

The only question remaining for decision is whether in 1945 the petitioner sustained a deductible loss in the amount of $650,000, the basis of its membership in the AP. On June 18, 1945, .the Supreme Court held that the bylaws of the AP regarding the admission to membership of applicants who would be in competition with existing members were in restraint of trade, and subsequently on November 28, 1945, the AP amended its bylaws to eliminate the discriminatory provisions.

Section 23 (f) of the Internal Revenue Code of 1939 provides that in computing net income there shall…

2Cases cited6 opinions

  1. Commissioner of Internal Revenue v. McCarthyCourt of Appeals for the Seventh Circuit · 1942
  2. Reporter Pub. Co., Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1953
  3. Consolidated Freight Lines v. Commissioner of Int. Rev.Court of Appeals for the Ninth Circuit · 1939
  4. Flory Milling Co. v. CommissionerUnited States Tax Court · 1953
  5. Reporter Publishing Co. v. CommissionerUnited States Tax Court · 1952

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