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United States v. Fidelity & Deposit Co.

UNITED STATES v. FIDELITY & DEPOSIT CO. OF MARYLAND HOFFERBERT, Collector of Internal Revenue v. FIDELITY & DEPOSIT CO. OF MARYLAND

United States v. Fid. & Deposit Co., 177 F.2d 805 (4th Cir. 1949)
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Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
November 9, 1949
Docket
Nos. 5912, 5913
Judges
Dobie, Parker
Citations
177 F.2d 805

Opinion of the Court

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PER CURIAM.

These are appeals in tax cases involving the right of an insurance company to deduct from gross income the reserve set- up against unearned premiums and losses on risks reinsured with an insurance company not authorized to do business within the state. The question involved, as counsel for the government admitted at the bar of the court, is precisely the question which was before the Court of Appeals of the First Circuit in Commissioner of Internal Revenue v. New Hampshire Fire Ins. Co., 1 Cir., 146 F.2d 697 , in which that court affirmed the decision of the Tax Court. 2 T. C. 708 . We are in accord with the decision of the First Circuit, and nothing need be added to its opinion. We note, however, that the Tax Court has adhered to its original decision, affirmed by the First Circuit, in three subsequent cases. National Union Fire Ins. Co. v. Com’r, 5 T. C. M. 927; Columbia Casualty Co. v. Com’r, 7 T. C. M. 282; United States Guarantee Co. v. Com’r, 8 T. C. M. 510. And for a decision to the effect that a reserve required to be set up by state law and withdrawn from use by the company may properly be deducted in computation of gross income, see our decision in Early v. Lawyers Title Ins. Corporation, 4 Cir., 132 F.2d 42 .

Affirmed.

How later courts describe this case

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

1951: 21956: 11957: 11970: 11971: 11976: 11978: 11988: 119512026peak 1951 · 2

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
Comm'r of Int. Rev. v. N.H. Fire Ins. Co., 146 F.2d 697 (1st Cir. 1945) 26
Early v. Lawyers Title Ins. Corp., 132 F.2d 42 (4th Cir. 1942) 11

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