Legal Opinion

Berger Machine Products, Inc. v. Commissioner

United States Tax Court

Decided June 8, 1977No. Docket Nos. 7427-73, 7428-73, 7429-73, 7430-73, 7431-73, 7432-73, 7433-73, 7434-73Published

In a statutory merger, four active manufacturing or sales corporations, the stock of which was owned or controlled in varying proportions by related individuals, were merged into a newly organized corporation. That corporation seeks to carry back a net operating loss to the premerger years.

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In a statutory merger, four active manufacturing or sales corporations, the stock of which was owned or controlled in varying proportions by related individuals, were merged into a newly organized corporation. That corporation seeks to carry back a net operating loss to the premerger years. Held: The merger of four active corporations into one corporation, resulting in a change in the relative percentages of stock held by the individual shareholders, was not "a mere change in identity, form, or place of organization" within the meaning of sec. 368(a)(1)(F). Accordingly, sec. 381(b)(3) does…

1Opinion of the Court

Berger Machine Products, Inc., 1 Petitioners v. Commissioner of Internal Revenue, Respondent

Berger Machine Products, Inc. v. Commissioner

Docket Nos. 7427-73, 7428-73, 7429-73, 7430-73, 7431-73, 7432-73, 7433-73, 7434-73

United States Tax Court

68 T.C. 358; 1977 U.S. Tax Ct. LEXIS 97;

June 8, 1977, Filed

Decisions will be entered under Rule 155.

In a statutory merger, four active manufacturing or sales corporations, the stock of which was owned or controlled in varying proportions by related individuals, were merged into a newly organized corporation. That corporation seeks to carry back a net…

Also in this document: Dissent.

2Cases cited14 opinions

  1. 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
  2. South Texas Rice Warehouse Co. v. CommissionerUnited States Tax Court · 1965
  3. Estate of Bernard H. Stauffer, Bonnie H. Stauffer v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1968
  4. Associated MacHine (Formerly Associated MacHine Shop), a Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1968
  5. Stauffer v. CommissionerUnited States Tax Court · 1967

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