Legal Opinion

J. M. Turner & Co. v. Commissioner

United States Tax Court

Decided June 29, 1956No. Docket No. 51719Published

Held, on the basis of the facts presented, that petitioner is neither an "acquiring corporation" nor a "purchasing corporation," within the meaning of sections 461 (a) and 474 (a), respectively, of the Internal Revenue Code (1939); and, hence, that it is not entitled to use the base period experience of a certain proprietorship, in computing its excess profits credit for the year 1951.

1Opinion of the Court

J. M. Turner and Company, Inc., Petitioner, v. Commissioner of Internal Revenue, Respondent

J. M. Turner & Co. v. Commissioner

Docket No. 51719

United States Tax Court

26 T.C. 795; 1956 U.S. Tax Ct. LEXIS 137;

June 29, 1956, Filed

Decision will be entered under Rule 50.

Held, on the basis of the facts presented, that petitioner is neither an "acquiring corporation" nor a "purchasing corporation," within the meaning of sections 461 (a) and 474 (a), respectively, of the Internal Revenue Code (1939); and, hence, that it is not entitled to use the base period experience of a certain proprietorship, in…

2Cases cited4 opinions

  1. Halliburton v. CommissionerCourt of Appeals for the Ninth Circuit · 1935
  2. E. T. Renfro Drug Co. v. CommissionerUnited States Tax Court · 1948
  3. Hawaiian Freight Forwarders, Ltd. v. CommissionerUnited States Tax Court · 1950
  4. J. M. Turner & Co. v. CommissionerUnited States Tax Court · 1956

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