Legal Opinion
Estate of Bernard H. Stauffer, Bonnie H. Stauffer v. Commissioner of Internal Revenue
Court of Appeals for the Ninth Circuit
Decided October 25, 1968No. 22277_1PublishedCited by 43 opinions
1Opinion of the Court
BARNES, Circuit Judge:
The issue before us is whether § 381 of the Internal Revenue Code, 26 U.S.C. § 381 (1954), carryovers in certain corporate acquisitions, 1 permits a loss sustained by the transferee corporation after a corporate reorganization to be carried back to a premerger taxable year of one of three transferor corporations. The Commissioner takes the position, sustained by the Tax Court below, that the reorganization falls within the definition of a statutory merger, 26 U.S.C. § 368(a) (1) (A), and therefore the carry-back of net operating loss, 26 U.S.C. § 172, is proscribed.…
2Cases cited16 opinions
- Gregory v. HelveringSupreme Court of the United States · 1935
- Pinellas Ice & Cold Storage Co. v. CommissionerSupreme Court of the United States · 1933
- Helvering v. Southwest Consolidated Corp.Supreme Court of the United States · 1942
- LeTulle v. ScofieldSupreme Court of the United States · 1940
- Libson Shops, Inc., v. Koehler, District Director of Internal RevenueSupreme Court of the United States · 1957
11 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Security Industrial Insurance Company v. United StatesCourt of Appeals for the Fifth Circuit · 1983
- Estate of Lammerts v. CommissionerUnited States Tax Court · 1970
- Associated MacHine (Formerly Associated MacHine Shop), a Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1968
- Home Construction Corporation of America, Etc. v. United StatesCourt of Appeals for the Fifth Circuit · 1971
- Irving Gordon and Margaret Gordon v. Cmmissioner of Intenal RevenueCourt of Appeals for the Second Circuit · 1970
38 more not listed; retrieve them via the Exa API.