Legal Opinion
Berner v. United States
United States Court of Claims
Decided October 5, 1960No. Nos. 298-54, 297-54PublishedCited by 7 opinions
1Opinion of the Court
JONES, Chief Judge.
These are consolidated actions for refund of Federal income taxes. The primary issue common to both cases involves the corporate reorganization provisions of the Internal Revenue Code of 1939, and their application to a recapitalization of the Phoenix Hosiery Company in the year 1944. As will be hereinafter more fully set out, by the end of 1943 the Phoenix Company was in financial difficulties, being greatly in arrears on the payment of preferred stock dividends and in its obligation to gradually redeem the preferred stock. It was felt necessary to formulate a plan of…
2Cases cited22 opinions
- Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
- Pinellas Ice & Cold Storage Co. v. CommissionerSupreme Court of the United States · 1933
- Helvering v. Alabama Asphaltic Limestone Co.Supreme Court of the United States · 1942
- Helvering v. Southwest Consolidated Corp.Supreme Court of the United States · 1942
- LeTulle v. ScofieldSupreme Court of the United States · 1940
17 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Burlington Northern Inc. v. United StatesUnited States Court of Claims · 1982
- Downer v. CommissionerUnited States Tax Court · 1967
- Transamerica Corp. v. United StatesUnited States Court of Claims · 1984
- Austin Powder Co. v. Atlas Powder Co.District Court, D. Delaware · 1983
- City of Galveston ex rel. Board of Trustees of the Galveston Wharves v. United StatesUnited States Court of Claims · 1991
2 more not listed; retrieve them via the Exa API.