Legal Opinion

Georgia-Pacific Corporation v. United States

Court of Appeals for the Fifth Circuit

Decided February 27, 1959No. 17400PublishedCited by 38 opinions

1Opinion of the Court

HUTCHESON, Chief Judge.

This is another of the many cases in which, hewing to the line and letting the chips fall where they may, the court, deciding now for the government and now for the taxpayer, according to the facts of the particular case, is called upon to apply the controlling principle of what is usually referred to as the Kimbell Diamond doctrine. 1 This succinctly stated is that when stock in a corporation is purchased for the purpose and with the intent of acquiring its underlying assets and that purpose continues until the assets are taken over, no independent significance taxwise…

2Cases cited28 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  3. Galloway v. United StatesSupreme Court of the United States · 1943
  4. ætna Casualty & Surety Co. v. YeattsCourt of Appeals for the Fourth Circuit · 1941
  5. Kimbell-Diamond Milling Co. v. Comm'rUnited States Tax Court · 1950

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

3Cited by38 opinions

  1. Mrs. T. H. Duncan (C. W. Duncan, Administrator of the Estate of Mrs. T. H. Duncan, Deceased) v. W. Ray Duncan, Mrs. John Fain v. W. Ray DuncanCourt of Appeals for the Sixth Circuit · 1967
  2. United States v. General Geophysical CompanyCourt of Appeals for the Fifth Circuit · 1961
  3. Lawrence B. Sheppard and Charlotte N. Sheppard v. The United StatesUnited States Court of Claims · 1966
  4. Max Lutz and Ruth Lutz v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1960
  5. The South Bay Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1965

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

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