Legal Opinion

Frederick Steel Co. v. Commissioner

United States Tax Court

Decided April 8, 1964No. Docket No. 92949PublishedCited by 26 opinions

1. Losses incurred by corporation in beer and ice businesses, which were discontinued in 1952, and in carrying idle real estate previously used in those businesses, may not be used as carryovers for purposes of deductions in 1954 and later years against income realized from entirely different enterprise that was transferred to the corporation in 1954. 2. B, the sole stockholder in D and controlling stockholder in F, caused the D stock to be transferred to F, which shortly…

Read the full summary

1. Losses incurred by corporation in beer and ice businesses, which were discontinued in 1952, and in carrying idle real estate previously used in those businesses, may not be used as carryovers for purposes of deductions in 1954 and later years against income realized from entirely different enterprise that was transferred to the corporation in 1954. 2. B, the sole stockholder in D and controlling stockholder in F, caused the D stock to be transferred to F, which shortly thereafter liquidated D, and then sold some of the assets received in the liquidation. Held: In computing the holding…

1Opinion of the Court

OPINION

Baum, Judge:

1. Loss carry-over. — -Prior to July 14, 1954, petitioner was known as Cleveland Home Brewing Co. It had sustained heavy losses in the operation of its beer business which it discontinued early in 1952. It disposed of a considerable amount of its personal property in the spring of 1952 and continued to operate its ice business until about August of 1952 when that too was discontinued. Thereafter, throughout the remainder of 1952 and 1953, it does not appear to have engaged in any activity other than attempting unsuccessfully to make some sort of profitable use or…

2Cases cited31 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
  3. Commissioner v. HeiningerSupreme Court of the United States · 1943
  4. Libson Shops, Inc., v. Koehler, District Director of Internal RevenueSupreme Court of the United States · 1957
  5. Tank Truck Rentals, Inc. v. CommissionerSupreme Court of the United States · 1958

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

3Cited by26 opinions

  1. Ach v. CommissionerUnited States Tax Court · 1964
  2. Diamond v. CommissionerUnited States Tax Court · 1971
  3. Humacid Co. v. CommissionerUnited States Tax Court · 1964
  4. Yoc Heating Corp. v. CommissionerUnited States Tax Court · 1973
  5. V. H. Monette & Co. v. CommissionerUnited States Tax Court · 1965

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API