Legal Opinion

Davey Co. v. Commissioner

United States Tax Court

Decided June 18, 1959No. Docket No. 66755Published

Held, petitioner Aurora Paperboard Company constitutes a "new corporation" within the meaning of section 445, I.R.C. 1939, and is entitled to compute its separate average base period net income under the provisions of that section.

1Opinion of the Court

The Davey Company (a New Jersey Corporation) and Subsidiary Companies, The Davey Company (a Pennsylvania Corporation) and Aurora Paperboard Company, Petitioners, v. Commissioner of Internal Revenue, Respondent

Davey Co. v. Commissioner

Docket No. 66755

United States Tax Court

32 T.C. 743; 1959 U.S. Tax Ct. LEXIS 139;

June 18, 1959, Filed

Decision will be entered under Rule 50.

Held, petitioner Aurora Paperboard Company constitutes a "new corporation" within the meaning of section 445, I.R.C. 1939, and is entitled to compute its separate average base period net income under the provisions of that…

2Cases cited6 opinions

  1. American Bantam Car Co. v. CommissionerUnited States Tax Court · 1948
  2. Holstein v. CommissionerUnited States Tax Court · 1955
  3. Eaton v. CommissionerUnited States Board of Tax Appeals · 1938
  4. Madison Newspapers, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1958
  5. Madison Newspapers, Inc. v. CommissionerUnited States Tax Court · 1956

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