A. B. & Container Corp. v. Commissioner
United States Tax Court
Excess Profits Tax -- Deductions -- Credits -- Corporate Identity. -- The Commissioner can not disregard the tax consequences of an unsuccessful business, regularly carried on by a corporation for several years, merely because it acquired and also carried on during the taxable year an additional unrelated profitable business formerly carried on by its present stockholders as partners.
1Opinion of the Court
OPINION.
Murdock, Judge:
The Commissioner has referred to no provision of the Internal Revenue Code or to any decided case which would support the strange position which he has taken in this case. The following is the way he describes his position in his brief:
* * * The situation in this case is unique in that tbe Commissioner is not, seeking to tax an individual or a corporation by reason of the acquisition or control of another corporation but seeks, upon tbe same basic legal reasons peculiar to that type of case, to deny a corporation tbe right to benefits of deductions and credits of a…
2Cited by10 opinions
- Libson Shops, Inc., v. Koehler, District Director of Internal RevenueSupreme Court of the United States · 1957
- J. G. Dudley Co. v. CommissionerUnited States Tax Court · 1961
- British Motor Car Distributors, Ltd. v. CommissionerUnited States Tax Court · 1958
- Virginia Metal Products, Inc. v. CommissionerUnited States Tax Court · 1960
- Jackson Oldsmobile, Inc. v. United StatesDistrict Court, M.D. Georgia · 1964
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