Legal Opinion

David's Specialty Shops, Inc. v. Johnson

District Court, S.D. New York

Decided May 20, 1955PublishedCited by 6 opinions

1Opinion of the Court

PALMIERI, District Judge.

This action is brought to recover $49,-653.11 representing an alleged overpayment of income and excess profits taxes for the fiscal year ended July 31, 1943. The plaintiff filed a consolidated return for the said fiscal year with the D & H Israel Holding Corp. (Holding Corp.) in which the plaintiff deducted from its net. income a net loss of Holding Corp. This deduction was disallowed, a deficiency was determined and paid, and plaintiff' instituted this action.

The issue is whether under section 141 of the Internal Revenue Code of 1939, 26 U.S.C.A. § 141, plaintiff was…

2Cases cited9 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. United States v. AndersonSupreme Court of the United States · 1926
  3. Helvering v. GregoryCourt of Appeals for the Second Circuit · 1934
  4. Jenkins v. MoyseNew York Court of Appeals · 1930
  5. International Aircraft Trading Co. v. Manufacturers Trust Co.New York Court of Appeals · 1948

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

3Cited by6 opinions

  1. Wortham MacHinery Company, a Wyoming Corporation v. The United States of AmericaCourt of Appeals for the Tenth Circuit · 1975
  2. Braddock Land Co. v. CommissionerUnited States Tax Court · 1980
  3. Cromwell Corp. v. CommissionerUnited States Tax Court · 1964
  4. Collins v. United StatesDistrict Court, D. Massachusetts · 1961
  5. Braddock Land Co. v. CommissionerUnited States Tax Court · 1980

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

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