Legal Opinion
Commissioner of Internal Revenue v. Wayne Coal Mining Co. Commissioner of Internal Revenue v. Hillman Coal & Coke Co
Court of Appeals for the Third Circuit
Decided January 12, 1954No. 11195, 11196PublishedCited by 19 opinions
1Per curiam
We are asked to decide whether expenses incurred by a corporation in distributing its assets on liquidation are deductible under section 23(a) (1) (A) of the Internal Revenue Code, 26 U.S.C.A. § 23(a) (1) (A), as ordinary and necessary expenses of carrying on a trade or business. The Tax Court in a carefully considered opinion, allowed the deduction. The Commissioner has filed this petition for review.
A series of cases sustains the Tax Court’s conclusion. United States v. Arcade Co., 6 Cir., 1953, 203 F.2d 230; Braicks v. Henricksen, D.C.W.D.Wash. 1942, 43 F.Supp. 254, affirmed on other…
2Cases cited9 opinions
- Rite-Way Products, Inc. v. CommissionerUnited States Tax Court · 1949
- Pacific Coast Biscuit Co. v. CommissionerUnited States Board of Tax Appeals · 1935
- Motion Picture Capital Corp. v. Commissioner of Int. Rev.Court of Appeals for the Second Circuit · 1936
- United States v. Arcade Co.Court of Appeals for the Sixth Circuit · 1953
- Meurer Steel Barrel Co. v. Commissioner of Int. Rev.Court of Appeals for the Third Circuit · 1944
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gravois Planing Mill Company, Charles A. And Florence Beckemeier v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1962
- Vulcan Materials Company v. United StatesCourt of Appeals for the Fifth Circuit · 1971
- United States v. MortonCourt of Appeals for the Eighth Circuit · 1968
- United States v. Mountain States Mixed Feed Company, Joseph Pepper, Marvin Pepper, and Freeman PepperCourt of Appeals for the Tenth Circuit · 1966
- Bryant Heater Company and Dresser Industries, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1956
14 more not listed; retrieve them via the Exa API.