Nisselson v. Drew Industries, Inc. (In Re White Metal Rolling & Stamping Corp.)
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
MEMORANDUM DECISION REGARDING DEFENDANTS’ MOTION TO DISMISS
STUART M. BERNSTEIN, Bankruptcy Judge.
At all relevant times, the debtor and all but one of the defendants joined together in filing consolidated federal income tax returns. Prior to bankruptcy, the profitable members of the affiliated group used the debtor’s net operating losses (“NOLs”) to generate refunds or reduce their tax obligations. The debtor’s trustee commenced this adversary proceeding to recover the value of the debtor’s NOLs and other tax benefits allegedly appropriated by the group members for their own benefit and use.…
2Cases cited57 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Sarah B. Shields, Individually and as Representative of All Others Similarly Situated v. Citytrust Bancorp, Inc., George F. Taylor and Irwin EngelmanCourt of Appeals for the Second Circuit · 1994
- General Electric Capital Corporation v. Lease Resolution CorporationCourt of Appeals for the Seventh Circuit · 1997
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
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3Cited by58 opinions
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- Picard v. Legacy Capital Ltd. (In re Bernard L. Madoff Investment Securities LLC)United States Bankruptcy Court, S.D. New York · 2016
- Securities Investor Protection Corp. v. Stratton Oakmont, Inc.United States Bankruptcy Court, S.D. New York · 1999
- Christian Bros. High School Endowment v. Bayou No Leverage Fund, LLC (In Re Bayou Group, LLC)District Court, S.D. New York · 2010
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