Associated Machine v. Commissioner
United States Tax Court
Corporations A (Shop) and B (J & M), California corporations, carried on separate but similar businesses in California. A was merged into B in 1960 in a statutory merger under the law of California. B, the surviving corporation, is the petitioner.
Read the full summary
Corporations A (Shop) and B (J & M), California corporations, carried on separate but similar businesses in California. A was merged into B in 1960 in a statutory merger under the law of California. B, the surviving corporation, is the petitioner. B, after the merger, carried on the businesses formerly carried on separately by A and B. Held, the combination of A and B into B was not a "mere change in identity, form, or place of organization" within the meaning of sec. 368(a)(1)(F), 1954 Code; therefore, a post-merger net operating loss of B could not be carried back to a premerger year of A,…
1Opinion of the Court
Harron, Judge:
This case involves the 1959 income tax liability of a California corporation known as Associated Machine Shop. Its return for 1959 disclosed taxable income in the amount of $142,655.06. In 1960, Associated Machine Shop was merged into another California corporation, J & M Engineering, which simultaneously changed its name to Associated Machine, the petitioner here. In 1962, Associated Machine sustained a net operating loss. The respondent tentatively allowed, but later disallowed, the carryback of Associated Machine’s 1962 loss of $82,863.30 to reduce the 1959 income of the…
2Cases cited13 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Libson Shops, Inc., v. Koehler, District Director of Internal RevenueSupreme Court of the United States · 1957
- Marr v. United StatesSupreme Court of the United States · 1925
- J. E. Davant and Kathryn Davant v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. J. E. Davant and Kathryn DavantCourt of Appeals for the Fifth Circuit · 1966
- Cullinan v. Walker, Collector of Internal RevenueSupreme Court of the United States · 1923
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Estate of Lammerts v. CommissionerUnited States Tax Court · 1970
- Associated MacHine (Formerly Associated MacHine Shop), a Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1968
- Casco Products Corp. v. CommissionerUnited States Tax Court · 1967
- Eastern Color Printing Co. v. CommissionerUnited States Tax Court · 1974
- De Groff v. CommissionerUnited States Tax Court · 1970
20 more not listed; retrieve them via the Exa API.