Legal Opinion

Commissioner v. Huntzinger

Court of Appeals for the Tenth Circuit

Decided July 17, 1943No. Nos. 2646, 2647PublishedCited by 12 opinions

1Opinion of the Court

HUXMAN, Circuit Judge.

The question presented in these cases is whether loss sustained by the respondent taxpayers in the exchange of the stock of American-LaFralnce and Foamite Corporation1 for stock and warrants in American-LaFrance and Foamite Corporation, Inc.,2 should be recognized for tax purposes under Section 112 of the Revenue Act of 19363 and allowed as a deduction from gross income under Section 23(e) of the Act, 26 U.S.C.A.Int.Rev.Acts, page 828.

The old corporation had outstanding both common and preferred stock, but under the question presented it is not nec*129essary to make note of…

Also in this document: Concurrence.

2Cases cited1 opinion

  1. Helvering v. Southwest Consolidated Corp.Supreme Court of the United States · 1942

3Cited by12 opinions

  1. Hays Corp. v. CommissionerUnited States Tax Court · 1963
  2. Seiberling Rubber Co. v. Commissioner of Internal Rev.Court of Appeals for the Sixth Circuit · 1948
  3. Prairie Du Chien-Marquette B. Co. v. Commissioner of IrCourt of Appeals for the Third Circuit · 1944
  4. Western Massachusetts Theatres, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1956
  5. Western Massachusetts Theatres, Inc. v. CommissionerUnited States Tax Court · 1955

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