Legal Opinion

Associated Machine v. Commissioner

United States Tax Court

Decided June 15, 1967No. Docket No. 5177-65Published

Corporations A (Shop) and B (J & M), California corporations, carried on separate but similar businesses in California. A was merged into B in 1960 in a statutory merger under the law of California. B, the surviving corporation, is the petitioner.

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Corporations A (Shop) and B (J & M), California corporations, carried on separate but similar businesses in California. A was merged into B in 1960 in a statutory merger under the law of California. B, the surviving corporation, is the petitioner. B, after the merger, carried on the businesses formerly carried on separately by A and B. Held, the combination of A and B into B was not a "mere change in identity, form, or place of organization" within the meaning of sec. 368(a)(1)(F), 1954 Code; therefore, a post-merger net operating loss of B could not be carried back to a premerger year of A,…

1Opinion of the Court

Associated Machine (Formerly Associated Machine Shop), a Corporation, Petitioner v. Commissioner of Internal Revenue, Respondent

Associated Machine v. Commissioner

Docket No. 5177-65

United States Tax Court

48 T.C. 318; 1967 U.S. Tax Ct. LEXIS 93;

June 15, 1967, Filed

Decision will be entered for the respondent.

Corporations A (Shop) and B (J & M), California corporations, carried on separate but similar businesses in California. A was merged into B in 1960 in a statutory merger under the law of California. B, the surviving corporation, is the petitioner. B, after the merger, carried on the…

2Cases cited14 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Libson Shops, Inc., v. Koehler, District Director of Internal RevenueSupreme Court of the United States · 1957
  3. Marr v. United StatesSupreme Court of the United States · 1925
  4. 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
  5. Cullinan v. Walker, Collector of Internal RevenueSupreme Court of the United States · 1923

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