Legal Opinion

Walt Disney, Inc. v. Commissioner

United States Tax Court

Decided August 5, 1991No. Docket No. 35695-87PublishedCited by 13 opinions

Corporation P and the shareholders of corporation R entered into an agreement to enable P to acquire certain R assets by means of an exchange of stock, with P to receive all the stock of R. Conditions precedent to closing the transaction were that R would transfer to a wholly owned subsidiary all of the assets not wanted by P and that R would distribute the stock of this subsidiary to the R shareholders.

Read the full summary

Corporation P and the shareholders of corporation R entered into an agreement to enable P to acquire certain R assets by means of an exchange of stock, with P to receive all the stock of R. Conditions precedent to closing the transaction were that R would transfer to a wholly owned subsidiary all of the assets not wanted by P and that R would distribute the stock of this subsidiary to the R shareholders. On December 1, 1981, R transferred the assets unwanted by P to newly formed corporation FS and received in exchange the FS stock. Some of the transferred assets had unexpired useful lives for…

1Opinion of the Court

OPINION

FEATHERSTON, Judge:

Respondent determined a deficiency in the amount of $453,197 in the Federal income tax of Retlaw Enterprises, Inc. (Retlaw), of which Walt Disney Inc. (petitioner) is a successor in interest. The only issue remaining for decision is whether Retlaw is required to recapture investment tax credit for 1982 in an amount of $483,918 as a result of the transfer of certain assets to a newly formed subsidiary corporation.

All the facts are stipulated.

Background

Petitioner’s principal office was located in Burbank, California, at the time its petition was filed.

During the…

2Cases cited12 opinions

  1. Lederer v. StocktonSupreme Court of the United States · 1922
  2. Penrod v. CommissionerUnited States Tax Court · 1987
  3. Woods Inv. Co. v. CommissionerUnited States Tax Court · 1985
  4. Henry C. Beck Builders, Inc. v. CommissionerUnited States Tax Court · 1964
  5. Esmark, Inc. v. CommissionerUnited States Tax Court · 1988

7 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Exxon Corp. v. CommissionerUnited States Tax Court · 1994
  2. Salomon Inc. v. United StatesCourt of Appeals for the Second Circuit · 1992
  3. Walt Disney Incorporated v. Commissioner, Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1993
  4. J.E. Seagram Corp. v. CommissionerUnited States Tax Court · 1995
  5. Trinova Corp. v. CommissionerUnited States Tax Court · 1997

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API