Legal Opinion

C. Blake McDowell, Inc. v. Commissioner

United States Tax Court

Decided October 24, 1978No. Docket No. 3852-76Published

Held, on remand from the Sixth Circuit Court of Appeals, petitioner is not entitled to a hearing in respect of its alleged reliance on that circuit's decision in H. Wetter Manufacturing Co. v. United States, 458 F.2d 1033 (6th Cir. 1972), since the subsequent decision of the Supreme Court in Fulman v. United States, 434 U.S. 528 (1978), should be given retroactive effect.

1Opinion of the Court

C. Blake McDowell, Inc., Petitioner v. Commissioner of Internal Revenue, Respondent

C. Blake McDowell, Inc. v. Commissioner

Docket No. 3852-76

United States Tax Court

71 T.C. 71; 1978 U.S. Tax Ct. LEXIS 40;

October 24, 1978, Filed

Decision will be entered for the respondent.

Held, on remand from the Sixth Circuit Court of Appeals, petitioner is not entitled to a hearing in respect of its alleged reliance on that circuit's decision in H. Wetter Manufacturing Co. v. United States, 458 F.2d 1033 (6th Cir. 1972), since the subsequent decision of the Supreme Court in Fulman v. United States, 434 U.S. 528…

2Cases cited31 opinions

  1. Cort v. AshSupreme Court of the United States · 1975
  2. Linkletter v. WalkerSupreme Court of the United States · 1965
  3. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  4. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  5. Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940

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