Legal Opinion
George Freitas Dairy, Inc. v. The United States of America, Henry Costa, Jr. Dairy, Inc. v. The United States of America
Court of Appeals for the Ninth Circuit
Decided September 21, 1978No. 76-2928, 76-2929PublishedCited by 4 opinions
1Opinion of the Court
J. BLAINE ANDERSON, Circuit Judge:
George Freitas Dairy, Inc. and Henry Costa, Jr. Dairy, Inc. (“taxpayers”) prevailed below in these tax refund actions. The district court found that taxpayers had sustained deductible losses under I.R.C. § 165(a), 26 U.S.C., when their production quotas were cancelled in 1967.
The primary issue on appeal is whether taxpayers were compensated for their losses by legislative action taken the same year. We cannot agree with appellant’s conclusion that this was compensatory legislation and affirm the district court.
FACTS
In Hawaii prior to 1967, a balance between…
2Cases cited8 opinions
- Gregory v. HelveringSupreme Court of the United States · 1935
- Commissioner of Internal Revenue v. Boston Elevated Ry. CoCourt of Appeals for the First Circuit · 1952
- Meyer Feldman v. Wilson B. Wood, Director of Internal Revenue for ArizonaCourt of Appeals for the Ninth Circuit · 1964
- Consolidated Freight Lines v. Commissioner of Int. Rev.Court of Appeals for the Ninth Circuit · 1939
- Shanahan v. CommissionerUnited States Tax Court · 1974
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Trigon Insurance v. United StatesDistrict Court, E.D. Virginia · 2002
- Safeway Stores, Inc. v. Board of AgricultureDistrict Court, D. Hawaii · 1984
- Safeway Stores v. BD. OF AGR. OF STATE OF HAWAIIDistrict Court, D. Hawaii · 1984
- PRECISION PINE & TIMBER, INC. v. COMMISSIONERUnited States Tax Court · 2003