Manus-Muller & Co. v. Commissioner
United States Board of Tax Appeals
1. Where a foreign corporation owns all of the stock of two domestic corporations, the three corporations constitute an "affiliated group" within the definition of that term in section 141(d), Revenue Act of 1928, and the two domestic corporations have the privilege of making a consolidated return for the calendar year 1929. 2. The provision of section 238 that a foreign corporation shall not be "deemed to be affiliated with any other corporation" within the meaning of…
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1. Where a foreign corporation owns all of the stock of two domestic corporations, the three corporations constitute an "affiliated group" within the definition of that term in section 141(d), Revenue Act of 1928, and the two domestic corporations have the privilege of making a consolidated return for the calendar year 1929. 2. The provision of section 238 that a foreign corporation shall not be "deemed to be affiliated with any other corporation" within the meaning of section 141, does not exclude foreign corporations from an affiliated group, but merely precludes them from joining in a…
1Opinion of the Court
*1016OPINION.
Murdock:
The Commissioner determined a deficiency of $1,276.22 in the petitioner’s income tax for the calendar year 1929. The error assigned is the determination of the Commissioner that a consolidated return for the petitioner and the Fleck Cigar Co. was not proper for the calendar year 1929, and the consequent failure to offset against the petitioner’s income for that year the net loss of the Fleck Cigar Co. for the same year.
The facts have been stipulated and show that: The petitioner and Fleck Cigar Co. are domestic corporations, organized prior to the year 1929; throughout the…
2Cases cited11 opinions
- Brewster v. GageSupreme Court of the United States · 1930
- Utah Power & Light Co. v. United StatesSupreme Court of the United States · 1917
- Fawcus MacHine Co. v. United StatesSupreme Court of the United States · 1931
- Morrill v. JonesSupreme Court of the United States · 1883
- Merritt v. CameronSupreme Court of the United States · 1890
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3Cited by2 opinions
- American Fork & Hoe Co. v. CommissionerUnited States Board of Tax Appeals · 1936
- Manus-Muller & Co. v. CommissionerUnited States Board of Tax Appeals · 1934