Legal Opinion

Commissioner of Int. Rev. v. Transport Trad. & Term. Corp.

Court of Appeals for the Second Circuit

Decided July 11, 1949No. 175, Docket 20981PublishedCited by 53 opinions

1Opinion of the Court

L. HAND, Chief Judge.

The Commissioner appeals from an order of the Tax Court, expunging a deficiency assessed against the respondent in its income and declared value excess profits tax for the year 1940. The question is whether the taxpayer realized a capital gain upon the sale of 10,000 shares of stock by the American-Hawaiian Steamship Company, which owned all the taxpayer’s shares, which conducted the taxpayer’s business by its own officers, and which we shall call the Parent. The facts as found by the Tax Court were in substance as follows. During the year 1940 and for many years before,…

2Cases cited2 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Fairfield S. S. Corp. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1946

3Cited by53 opinions

  1. Carl E. Weller and Emily I. Weller v. Commissioner of Internal Revenue, W. Stuart Emmons v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1959
  2. J. E. Davant and Kathryn Davant v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. J. E. Davant and Kathryn DavantCourt of Appeals for the Fifth Circuit · 1966
  3. Kraft Foods Company v. Commissioner of Internal Revenue, (Two Cases)Court of Appeals for the Second Circuit · 1956
  4. Louis Buddy Yosha v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1988
  5. United States v. General Geophysical CompanyCourt of Appeals for the Fifth Circuit · 1961

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