IN RE GROSS

Citator

Cited By (12 total)

• Cent. Cuba Sugar Co. v. Commissioner of Internal Revenue, 198 F.2d 214 (2d Cir. 1952)
  …was necessary and proper under I.R.C. § 45 “clearly to reflect the income.” We agree. This is an independent reason for reallocation and has been traditionally cited as such. Asiatic Petroleum Co. v. C.I.R., 2 Cir., 79 F. 2d 234, certiorari denied 296 U.S. 645, 56 S.Ct. 248, 80 L.Ed. 459; Jud Plumbing & Heating Co. v. C.I. R., 5 Cir., 153 F. 2d 681; U.S.Treas.Reg. 111, § 29.45-1 (c).1 The Tax Court’s as [*216] sumption of the necessity of finding some ulterior motivation — traditionally a thankless task i…

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• B. Forman Co., Inc. v. Commissioner OF Internal Revenue, 453 F.2d 1144 (2d Cir. 1972)
  …874, 73 S.Ct. 167, 97 L.Ed. 677 (1952). The courts have also construed this statute liberally in order to achieve the declared purpose of Congress. In Asiatic Petroleum Co. v. Commissioner of Internal Revenue, 79 F. 2d 234 (2d Cir.), cert, denied, 296 U.S. 645, 56 S.Ct. 248, 80 L.Ed. 459 (1935), it was held that the phrase “evasion of taxes” in section 45 of the Revenue Act of 1928 “is broad enough to include the avoidance of the realization for taxation of such a profit through its transfer to another br…
• Commissioner of Internal Revenue v. Chelsea Prods., Inc., 197 F.2d 620 (3d Cir. 1952)
  …or businesses, consolidate the accounts of such related trades or businesses.” Revenue Act of 1926, § 240(f), 26 U.S.C.A.Int.Rev.Acts, page 191. . See Asiatic Petroleum Co. v. Commissioner, 2 Cir., 1935, 79 F. 2d 234, 236, certiorari denied, 1935, 296 U.S. 645, 56 S.Ct. 248, 80 L.Ed. 459. . The Court of Appeals for the Second Circuit has recently handed down its decision in Advance Machinery Exchange, Inc. v. Commissioner of Internal Revenue, 2 Cir., 196 F. 2d 1008. The taxpayer there was organized by on…