Legal Opinion

Joe Balestrieri & Co. v. Commissioner of Internal Rev.

Court of Appeals for the Ninth Circuit

Decided November 15, 1949No. 12102PublishedCited by 30 opinions

1Opinion of the Court

DRIVER, District Judge.

The Tax Court of the United States determined a deficiency in the excess profits tax of petitioner for the year 1943, based upon the disallowance of a deduction claimed by the taxpayer in the amount of $22,229.37. The principal question presented here is whether the deduction should have been allowed.

Petitioner, a California corporation, filed its income and excess profits tax returns on a cash basis for the calendar year 1943. Its stock was then owned by Joe Balestrieri and W. E. Otto. 1 The former was the president and the latter the vice-president and both were…

2Cases cited18 opinions

  1. Quock Ting v. United StatesSupreme Court of the United States · 1891
  2. Eckert v. BurnetSupreme Court of the United States · 1931
  3. Helvering v. PriceSupreme Court of the United States · 1940
  4. Grace Bros. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1949
  5. Spier v. LangCalifornia Supreme Court · 1935

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

3Cited by30 opinions

  1. Beck Chemical Equipment Corp. v. CommissionerUnited States Tax Court · 1957
  2. McRoberts v. PhelpsSupreme Court of Pennsylvania · 1958
  3. Shain Investment Co., Inc. v. CohenMassachusetts Appeals Court · 1982
  4. Herald A. O'Neill and G. Evelyn O'neill, His Wife v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1959
  5. Landa v. Commissioner of Internal Revenue. Commissioner of Internal Revenue v. AstinCourt of Appeals for the D.C. Circuit · 1953

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

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