Legal Opinion

Berger Machine Products, Inc. v. Commissioner

United States Tax Court

Decided June 8, 1977No. Docket Nos. 7427-73, 7428-73, 7429-73, 7430-73, 7431-73, 7432-73, 7433-73, 7434-73PublishedCited by 10 opinions

In a statutory merger, four active manufacturing or sales corporations, the stock of which was owned or controlled in varying proportions by related individuals, were merged into a newly organized corporation. That corporation seeks to carry back a net operating loss to the premerger years.

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In a statutory merger, four active manufacturing or sales corporations, the stock of which was owned or controlled in varying proportions by related individuals, were merged into a newly organized corporation. That corporation seeks to carry back a net operating loss to the premerger years. Held: The merger of four active corporations into one corporation, resulting in a change in the relative percentages of stock held by the individual shareholders, was not "a mere change in identity, form, or place of organization" within the meaning of sec. 368(a)(1)(F). Accordingly, sec. 381(b)(3) does…

1Opinion of the Court

OPINION

Quealy, Judge:

In these cases, respondent determined deficiencies in income tax as follows:

Petitioner Docket No. Year Amount

Berger Machine Products, Inc. 7427-73 1966 $124,984

Berger Tube Corp. 7428-73 1966 22,472

E.T.P. Labs, Inc.. 7429-73 1966 25,418

E.T.P., Inc. 7430-73 1966 11,626

Berger Industries, Inc., transferee 7431-73 1966 _ 124,984 '

Berger Industries, Inc., transferee 7432-73 1966 22,472

Berger Industries, Inc., transferee 7433-73 1966 25,418

Berger Industries, Inc., transferee 7434-73 1966 11,626

The sole question for decision is whether the statutory consolidation of four…

2Cases cited11 opinions

  1. J. E. Davant and Kathryn Davant v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. J. E. Davant and Kathryn DavantCourt of Appeals for the Fifth Circuit · 1966
  2. South Texas Rice Warehouse Co. v. CommissionerUnited States Tax Court · 1965
  3. Estate of Bernard H. Stauffer, Bonnie H. Stauffer v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1968
  4. Associated MacHine (Formerly Associated MacHine Shop), a Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1968
  5. Stauffer v. CommissionerUnited States Tax Court · 1967

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

3Cited by10 opinions

  1. Romy Hammes, Inc. v. CommissionerUnited States Tax Court · 1977
  2. Mariani Frozen Foods, Inc. v. CommissionerUnited States Tax Court · 1983
  3. Role v. CommissionerUnited States Tax Court · 1978
  4. Bercy Industries, Inc. v. CommissionerUnited States Tax Court · 1978
  5. Bercy Industries, Inc. v. CommissionerUnited States Tax Court · 1978

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

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