Legal Opinion
Michael Berkowitz and Harris Kolbert, as Last Directors and Liquidating Trustees of K & B Trail Properties, Inc. v. United States
Court of Appeals for the Fifth Circuit
Decided May 13, 1969No. 26977_1PublishedCited by 52 opinions
1Opinion of the Court
DYER, Circuit Judge:
The appellants brought this action, pursuant to 28 U.S.C.A. § 1346(a) (l), 1 for a refund of income taxes paid by the taxpayer, K & B Trail Properties, Inc., claiming that the Commissioner erroneously determined that certain advances made by the appellant to the taxpayer were contributions to capital rather than loans. 2 A trial by jury resulted in a verdict for appellants. The District Court granted the Government’s motion for judgment notwithstanding the verdict. We affirm. 3
The facts are undisputed. In July, 1956, the appellants formed the taxpayer, K & B Trail…
2Cases cited14 opinions
- Patricia Lebouef Murphy, as Administratrix of the Estate of Edward Fontenot, Deceased, Etc. v. Houma Well Service, and Eva C. Fontenot, IntervenorCourt of Appeals for the Fifth Circuit · 1969
- Fin Hay Realty Co. v. United StatesCourt of Appeals for the Third Circuit · 1968
- O. H. Kruse Grain & Milling v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1960
- Commissioner of Int. Rev. v. Meridian & Thirteenth R. Co.Court of Appeals for the Seventh Circuit · 1942
- United States v. Simon W. Henderson, Jr., Independent for the Estate of Louise R. Henderson, DeceasedCourt of Appeals for the Fifth Circuit · 1967
9 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Estate of Travis Mixon, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1972
- Dixie Dairies Corp. v. CommissionerUnited States Tax Court · 1980
- Alterman Foods, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1975
- Jean C. Tyler and Dolly Ann Tyler v. Laurie W. Tomlinson, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1969
- In Re James A. Lane, Bankrupt. Frances B. Lane and James M. Gaines, as Trustee of the Bankrupt Estate of James A. Lane v. United StatesCourt of Appeals for the Eleventh Circuit · 1984
47 more not listed; retrieve them via the Exa API.