Legal Opinion
W. K. Buckley, Inc. v. Commissioner
Court of Appeals for the Second Circuit
Decided November 18, 1946No. 17, Docket 20212PublishedCited by 15 opinions
1Opinion of the Court
FRANK, Circuit Judge.
The question for decision is whether the taxpayer made a binding election to claim the foreign taxes as a deduction from gross income under § 23(c) (2) so that it could not later use them as a credit under § 131(a) (1) after the Commissioner audited the return and determined a deficiency, despite the fact that before the audit taxpayer believed that it owed no tax under either of the alternative methods, so that it then believed that it made no practical difference whether the foreign taxes were treated as a deduction or as a credit.
The Tax Court held that the allowance…
2Cases cited6 opinions
- United States v. Memphis Cotton Oil Co.Supreme Court of the United States · 1933
- Angelus Milling Co. v. CommissionerSupreme Court of the United States · 1945
- Commissioner v. Lane-Wells Co.Supreme Court of the United States · 1944
- Burnet v. Chicago Portrait Co.Supreme Court of the United States · 1932
- American Chicle Co. v. United StatesSupreme Court of the United States · 1942
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Dougherty v. CommissionerUnited States Tax Court · 1973
- Audrey L. Zeeman, Individually and as of the Estate of Leon S. Lees, Jr. v. United StatesCourt of Appeals for the Second Circuit · 1968
- Bereslavsky v. KloebCourt of Appeals for the Sixth Circuit · 1947
- Martin Fireproofing Profit-Sharing Plan & Trust v. CommissionerUnited States Tax Court · 1989
- Associated Telephone and Telegraph Company, and Cross v. United States of America, and CrossCourt of Appeals for the Second Circuit · 1962
10 more not listed; retrieve them via the Exa API.