Legal Opinion
E. O. Bookwalter, District Director of Internal Revenue v. Hutchens Metal Products, Inc.
Court of Appeals for the Eighth Circuit
Decided June 30, 1960No. 16411PublishedCited by 12 opinions
1Opinion of the Court
WOODROUGH, Circuit Judge.
The sole question in this case is whether the taxpayer appellee as the surviving corporation in a statutory merger of two corporations on April 30, 1951 is entitled to carry over and deduct from its own income for the taxable year 1951 net operating losses previously sustained for 1950 and that portion of 1951 prior to the merger by the merging corporation, under the provisions of §§ 23(s) and 122(b) (2) (C) of the 1939 Code, 26 U.S.C. (I.R.C.1939) §§ 23(s), 122(b) (2) (C). On the trial of the action brought by the taxpayer for refund of taxes paid on the basis of the…
2Cases cited8 opinions
- Libson Shops, Inc., v. Koehler, District Director of Internal RevenueSupreme Court of the United States · 1957
- Mill Ridge Coal Company v. George D. Patterson, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1959
- Commissioner of Internal Revenue v. British Motor Car Distributors, Ltd., a CorporationCourt of Appeals for the Ninth Circuit · 1960
- Patten Fine Papers, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1957
- Libson Shops, Inc. v. Gustave F. Koehler, District Director of Internal RevenueCourt of Appeals for the Eighth Circuit · 1956
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Norden-Ketay Corporation (Formerly Ketay Instrument Corporation) v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1963
- Commissioner of Internal Revenue v. Virginia Metal Products, Inc., Virginia Metal Products, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1961
- Frederick Steel Co. v. CommissionerUnited States Tax Court · 1964
- Clarksdale Rubber Co. v. CommissionerUnited States Tax Court · 1965
- Irving-Kolmar Corp. v. CommissionerUnited States Tax Court · 1961
7 more not listed; retrieve them via the Exa API.