Legal Opinion

Helvering v. Bashford

Supreme Court of the United States

Decided January 3, 1938No. 33PublishedCited by 102 opinions

1Opinion of the Court

Mr. Justice Brandéis

delivered the opinion of the Court.

Whether Bashford is liable for a deficiency in the income taxes assessed’ for the year 1930 depends upon whether Atlas Powder Company was, as defined by § 112 (i) (2) of the Revenue Act of 1928, 45 Stat. 818, “a party to the reorganization” of the Peerless Explosives Company.

Atlas Powder Company desired to eliminate the competition of three concerns — Peerless Explosives Company, Union Explosives Company and Black Diamond Powder Company. Deeming it unwise to do so by buying either their stock or their assets, Atlas conceived and…

2Cited by102 opinions

  1. Helvering v. Alabama Asphaltic Limestone Co.Supreme Court of the United States · 1942
  2. Commissioner of Internal Revenue v. Ashland Oil & Refining Co.Court of Appeals for the Sixth Circuit · 1938
  3. Portland Oil Co. v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1940
  4. The South Bay Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1965
  5. Esmark, Inc. v. CommissionerUnited States Tax Court · 1988

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