Legal Opinion

Milbrew, Inc. v. Commissioner of Internal Revenue

Court of Appeals for the Seventh Circuit

Decided July 12, 1983No. 82-2692PublishedCited by 34 opinions

1Opinion of the Court

POSNER, Circuit Judge.

The principal question in this appeal from a decision of the Tax Court disallowing deductions for depreciation, interest, and payment of rent is whether the Tax Court’s finding that the sale of a plant was a sham transaction that should be disregarded for federal income tax purposes was clearly erroneous, the standard applicable to such a finding, Thompson v. Commissioner, 631 F.2d 642, 646 (9th Cir.1980).

The case concerns the Bernstein family, which can for our purposes be divided into two groups: the brothers Ace and Marty, and everyone else. The taxpayers call the…

2Cases cited10 opinions

  1. Detroit Edison Co. v. CommissionerSupreme Court of the United States · 1943
  2. Narver v. CommissionerUnited States Tax Court · 1980
  3. Audrey M. Thompson, Florence Ain & Gregory Ain, Dorothy E. Kahan & Robert Kahan, Nana Berman & William Berman v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1980
  4. In re the Valuation Proceedings under Sections 303(c) & 306Special Court under the Regional Rail Reorganization Act · 1977
  5. Chicago and North Western Transportation Company v. United States of America and Interstate Commerce CommissionCourt of Appeals for the Seventh Circuit · 1982

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

3Cited by34 opinions

  1. Rice's Toyota World, Inc. v. CommissionerUnited States Tax Court · 1983
  2. Afram Export Corporation, a Wisconsin Corporation v. Metallurgiki Halyps, S.A., a Foreign CorporationCourt of Appeals for the Seventh Circuit · 1985
  3. Louis Buddy Yosha v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1988
  4. Elliott v. CommissionerUnited States Tax Court · 1985
  5. Walgreen Company v. Sara Creek Property Company, B v. A/K/A Sara Creek Beta, and Phar-Mor CorporationCourt of Appeals for the Seventh Circuit · 1992

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

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