TaiLexi AI U.S. Case Law

Head Ski Company, Inc. v. United States

HEAD SKI COMPANY, Inc., Appellee, v. UNITED STATES of America, Appellant

Head Ski Co. v. United States, 454 F.2d 732 (4th Cir. 1972)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
January 26, 1972
Docket
No. 71-1544
Judges
Boreman, Bryan, Butzner, Per Curiam
Citations
454 F.2d 73229 A.F.T.R.2d (RIA) 4961972 U.S. App. LEXIS 11618

Opinion — Per Curiam

PER CURIAM:

The government appeals from the entry of summary judgment in favor of Head Ski Company granting a refund of income tax for 1965.

1

The sole issue is whether a premium Head Ski paid for the redemption of a convertible note was deductible as a business expense or nondeductible as a capital outlay. Applying Treasury Regulation § 1.61-12(e) (1) (1965), 2

the district court held that the premium was deductible. In reaching this conclusion, it relied primarily on Southwest Grease & Oil Company, Inc. v. United States, 435 F.2d 675 (10th Cir. 1971), and Roberts & Porter, Inc. v. Commissioner of Internal Revenue, 307 F.2d 745 (7th Cir. 1962), which in their material aspects are indistinguishable. We affirm.

1

. Head Ski Co. v. United States, 323 F. S,upp. 1383 (D.Md.1971).

2

. Tlie transaction occurred before the effective date of 26 U.S.C. § 249 (1969), which contains a limitation on the deduction of a premium paid to repurchase convertible obligations.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1972: 11974: 11975: 11981: 119722026peak 1972 · 1

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 2

DepthCaseCited by
Roberts & Porter, Inc. v. Comm'r of Internal Revenue, 307 F.2d 745 (7th Cir. 1962) 18
Southwest Grease & Oil Co. v. United States, 435 F.2d 675 (10th Cir. 1971) 9

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list