Legal Opinion

Time Oil Company v. Commissioner of Internal Revenue

Court of Appeals for the Ninth Circuit

Decided July 30, 1958No. 15444_1PublishedCited by 56 opinions

1Opinion of the Court

CHAMBERS, Circuit Judge.

The first question on this review is whether management and management’s trustees have so clumsily handled pension trust funds supplied by the Time Oil Company as to cause it to lose the tax advantages to which it presumptively was entitled, the trust having been previously approved by the Commissioner of Internal Revenue under Section 165 (a) of the 1939 Internal Revenue Code, as amended; 56 Stat. 862, 26 U.S.C.A. §' 165(a). The tax court has said: “Yes.”

Of course, under Sec. 165, 1 for the tax advantages to accrue, no part of the corpus or income of the trust may be…

2Cases cited4 opinions

  1. Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
  2. H. S. D. Co. v. Kavanagh, Collector of Internal RevenueCourt of Appeals for the Sixth Circuit · 1951
  3. Anthony P. Miller, Inc. v. Commissioner of Int. Rev.Court of Appeals for the Third Circuit · 1947
  4. Sachs v. Commissioner of Internal Revenue. Slaymaker Lock Co. v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1953

3Cited by56 opinions

  1. Don E. Williams Co. v. CommissionerSupreme Court of the United States · 1977
  2. Estate of Emerson v. CommissionerUnited States Tax Court · 1977
  3. Ma-Tran Corp. v. CommissionerUnited States Tax Court · 1978
  4. Barry I. Fredericks v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1997
  5. Oakton Distributors, Inc. v. CommissionerUnited States Tax Court · 1979

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