Legal Opinion

Yellow Cab Co. v. Commissioner

United States Tax Court

Decided November 5, 1964No. Docket No. 1512-62Published

False Issue -- Commissioner Still Auditing Return. -- A net operating loss question still being timely considered by the Commissioner in the course of his audit of a return may not be the basis of a proper issue before the Tax Court.

1Opinion of the Court

Yellow Cab Company, Petitioner, v. Commissioner of Internal Revenue, Respondent

Yellow Cab Co. v. Commissioner

Docket No. 1512-62

United States Tax Court

43 T.C. 125; 1964 U.S. Tax Ct. LEXIS 23;

November 5, 1964, Filed November 5, 1964, Filed

Decision will be entered for respondent per stipulation.

False Issue -- Commissioner Still Auditing Return. -- A net operating loss question still being timely considered by the Commissioner in the course of his audit of a return may not be the basis of a proper issue before the Tax Court.

Lawrence Casey, for the petitioner.

Jay B. Kelly, for the respondent.

Murdoc…

2Cases cited4 opinions

  1. Spector v. CommissionerUnited States Tax Court · 1964
  2. Andrew Little, Jr., and Myrn Little v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1961
  3. Yellow Cab Co. v. CommissionerUnited States Tax Court · 1964
  4. Thomas Cusack Co. v. CommissionerUnited States Board of Tax Appeals · 1929

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