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Kimbell-Diamond Milling Co. v. Commissioner of Internal Revenue

Kimbell-Diamond Milling Co. v. Comm'r of Internal Revenue, 187 F.2d 718 (5th Cir. 1951)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
April 23, 1951
Docket
No. 13307
Judges
Hutcheson, Borah, Russell
Citations
187 F.2d 718

Opinion — Per Curiam

PER CURIAM.

The correctness vel non of the challenged deficiencies, determined by the commissioner and approved and adopted by the Tax Court, turns on whether the taxpayer petitioner is right in insisting that assets acquired by it ’by first purchasing the stock of, and then liquidating, Whaley Company should be included in petitioner’s basis at their cost to Whaley or whether the commissioner is right in insisting that they should he included at the cost to petitioner of Whaley’s stock.

The facts are fully reported and the law of the case is correctly and adequately set forth in the opinion and decision of the Tax Court.

1

It will, therefore, serve no useful purpose for us to again set down the facts and again canvass and state the controlling findings and conclusions which determined there and determine here what the decision should be. It will be sufficient for us to say that we are in full agreement with the findings and conclusions of the Tax Court and with the reasoning on which they are based.

So agreeing, in spite of petitioner’s earnest and vigorous attack upon them by brief and oral argument, we deny the petition for review and affirm the attacked order for the reasons and upon the considerations advanced by the Tax Court.

Affirmed.

1

. Kimbell-Diamond Milling Co. v. Commissioner, 14 T.C. 74 .

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Cited by 103 cases

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1952: 11953: 71954: 11955: 41957: 11958: 51959: 21960: 21961: 31962: 61963: 11964: 31965: 51966: 41967: 61968: 51969: 11970: 21971: 31972: 61973: 51974: 61975: 31976: 21977: 51978: 31980: 11982: 21983: 11984: 21986: 11993: 11994: 12004: 219522026peak 1953 · 7

Relies on it most ⓘ

  1. Kraft, Inc. v. United States30 Fed. Cl. 739 (Fed. Cl. 1994)
  2. North American Loan & Thrift Co. v. Commissioner39 T.C. 318 (Tax Ct. 1962)
  3. Blueberry Land Co. v. Commissioner42 T.C. 1137 (Tax Ct. 1964)
  4. American Potash & Chemical Corporation v. The United States399 F.2d 194 (Ct. Cl. 1968)
  5. Yoc Heating Corp. v. Commissioner61 T.C. No. 21
  6. Frederick Steel Co. v. Commissioner42 T.C. 13 (Tax Ct. 1964)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Kimbell-Diamond Milling Co. v. Comm'r, 14 T.C. 74 (Tax Ct. 1950) 109

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