Legal Opinion

Riss v. Commissioner

United States Tax Court

Decided May 24, 1971No. Docket Nos. 3794-62, 3795-62, 3879-62, 3178-66PublishedCited by 113 opinions

1. Petitioner Transport Manufacturing & Equipment Co. of Delaware (T.M.E.) and its sister corporation, Riss & Co., Inc. (Riss), were controlled by the same family interests.

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1. Petitioner Transport Manufacturing & Equipment Co. of Delaware (T.M.E.) and its sister corporation, Riss & Co., Inc. (Riss), were controlled by the same family interests. Riss was, during all of the years under consideration, a common carrier, authorized to use certain trucking routes granted to it by the Interstate Commerce Commission (Commission). In accordance with an industry-wide practice T.M.E. was brought into being in 1938 to serve as a conduit through which Riss could procure equipment (both rolling and stationary) which it otherwise would have had difficulty in obtaining because…

1Opinion of the Court

Ikwin, Judge:

Respondent determined deficiencies in petitioners' income tax for tlie following years:

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Certain concessions having been made by the parties, the issues remaining for decision are:

Issue 1: Whether petitioner Transport Manufacturing & Equipment Co. of Delaware (hereinafter T.M.E.) acted properly in not recognizing, as gain, any part of the $3,904,000 which is received from the sale of certain used trailers during the year 1957.

Issue 2: Whether a $1,383,029.71 debt owed to T.M.E. 'by Riss & Co., Inc., was properly treated as a bad debt on T.M.E.’s income tax for the…

2Cases cited75 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Knetsch v. United StatesSupreme Court of the United States · 1960
  3. United States v. Cumberland Public Service Co.Supreme Court of the United States · 1950
  4. National Carbide Corp. v. CommissionerSupreme Court of the United States · 1949
  5. Burton-Sutton Oil Co. v. CommissionerSupreme Court of the United States · 1946

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

3Cited by113 opinions

  1. Estate of Horvath v. CommissionerUnited States Tax Court · 1973
  2. Estate of Newhouse v. CommissionerUnited States Tax Court · 1990
  3. Foster v. Comm'rUnited States Tax Court · 1983
  4. Richard R. Riss, Sr. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1973
  5. Walter L. Gross, Jr. And Barbara H. Gross (99-2239) Calvin C. Linnemann and Patricia G. Linnemann (99-2257) v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 2001

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

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