Legal Opinion

Bear Mill Mfg. Co. v. United States

District Court, S.D. New York

Decided October 7, 1950PublishedCited by 9 opinions

1Opinion of the Court

GODDARD, District Judge.

Motion to dismiss the complaint for failure to state a claim for which relief can be granted on the ground that the court lacks jurisdiction of the subject matter.

The plaintiff seeks a refund of United States Income and Excess Profits Taxes for the year 1941. In 1942 the Commissioner of Internal Revenue assessed a deficiency in Income and Excess Profits Taxes for the year 1941 based on excessive salaries paid to plaintiff’s stockholder officers.

In 1944 plaintiff filed with the Collector of Internal Revenue a claim for refund of United States Income and Excess Profits…

2Cases cited3 opinions

  1. Elbert v. JohnsonCourt of Appeals for the Second Circuit · 1947
  2. Moir v. United StatesCourt of Appeals for the First Circuit · 1945
  3. Brooks v. DriscollCourt of Appeals for the Third Circuit · 1940

3Cited by9 opinions

  1. Dorl v. CommissionerUnited States Tax Court · 1972
  2. Estate of Ming v. CommissionerUnited States Tax Court · 1974
  3. EMPIRE TRUST COMPANY v. United StatesDistrict Court, D. Connecticut · 1963
  4. Claremont Waste Mfg. Co. v. CommissionerUnited States Tax Court · 1955
  5. City Bank Farmers Trust Co. v. United StatesDistrict Court, S.D. New York · 1956

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