Union Carbide Corporation v. Commissioner of Internal Revenue

Second Circuit

Union Carbide Corporation v. Commissioner of Internal Revenue

671 F.2d 67, 49 A.F.T.R.2d (RIA) 670, 1982 U.S. App. LEXIS 22332

CourtCourt of Appeals for the Second Circuit

DecidedJanuary 25, 1982

Docket559, Docket 81-4105

StatusPublished

Cited by21 cases

This text of 671 F.2d 67 (Union Carbide Corporation v. Commissioner of Internal Revenue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Union Carbide Corporation v. Commissioner of Internal Revenue, 671 F.2d 67, 49 A.F.T.R.2d (RIA) 670, 1982 U.S. App. LEXIS 22332 (2d Cir. 1982).

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Opinion

*68 PER CURIAM:

This is an appeal from a judgment of the Tax Court, Theodore Tannenwald, Jr., J., barring the Commissioner from asserting a deficiency against Union Carbide Corporation (Carbide) for its 1971 tax year. In his decision, reported at 75 T.C. 220 (1980), Judge Tannenwald found that the Court of Claims’ decision in Union Carbide Corp. v. United States, 612 F.2d 558 (1979), estops the Commissioner from arguing that Treas. Reg. § 1.1502-25(c) is valid and applicable to reduce Carbide’s 1971 consolidated foreign tax credit under § 1503(b)(1) of the Internal Revenue Code, 26 U.S.C. § 1503(b)(1). In that ease, the Court of Claims considered the validity of § 1.1502-25(c) in connection with this taxpayer’s 1967 tax liability, held that the method it set out for allocating income between Carbide’s Western Hemisphere trade corporations and its other subsidiaries was invalid, and upheld the allocation formula used by Carbide.

On appeal, the government argues that we must reverse the Tax Court in light of Commissioner v. Sunnen, 333 U.S. 591, 68 S.Ct. 715, 92 L.Ed. 898 (1948), and our own 22-year-old decision in Consolidated Edison Co. v. United States, 279 F.2d 152 (1960), aff’d on other grounds, 366 U.S. 380, 81 S.Ct. 1326, 6 L.Ed.2d 356 (1961). We decline to reverse, and we affirm the application of collateral estoppel to the facts of this case on the reasoning of Judge Tannenwald’s opinion. We agree with the Tax Court that recent decisions, particularly Montana v. United States, 440 U.S. 147, 99 S.Ct. 970, 59 L.Ed.2d 210 (1979), indicate that it is appropriate to invoke collateral estoppel here to bar the Commissioner from relitigating with the same taxpayer the precise issue on which the Commissioner has already lost for a prior year. Moreover, Consolidated Edison is not controlling. Its authority was weakened not only by United States v. Russell Manufacturing Co., 349 F.2d 13 (2d Cir. 1965), but more importantly, by Montana v. United States, supra.

The judgment of the Tax Court is affirmed.

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*68 PER CURIAM:

This is an appeal from a judgment of the Tax Court, Theodore Tannenwald, Jr., J., barring the Commissioner from asserting a deficiency against Union Carbide Corporation (Carbide) for its 1971 tax year. In his decision, reported at 75 T.C. 220 (1980), Judge Tannenwald found that the Court of Claims’ decision in Union Carbide Corp. v. United States, 612 F.2d 558 (1979), estops the Commissioner from arguing that Treas. Reg. § 1.1502-25(c) is valid and applicable to reduce Carbide’s 1971 consolidated foreign tax credit under § 1503(b)(1) of the Internal Revenue Code, 26 U.S.C. § 1503(b)(1). In that ease, the Court of Claims considered the validity of § 1.1502-25(c) in connection with this taxpayer’s 1967 tax liability, held that the method it set out for allocating income between Carbide’s Western Hemisphere trade corporations and its other subsidiaries was invalid, and upheld the allocation formula used by Carbide.

On appeal, the government argues that we must reverse the Tax Court in light of Commissioner v. Sunnen, 333 U.S. 591, 68 S.Ct. 715, 92 L.Ed. 898 (1948), and our own 22-year-old decision in Consolidated Edison Co. v. United States, 279 F.2d 152 (1960), aff’d on other grounds, 366 U.S. 380, 81 S.Ct. 1326, 6 L.Ed.2d 356 (1961). We decline to reverse, and we affirm the application of collateral estoppel to the facts of this case on the reasoning of Judge Tannenwald’s opinion. We agree with the Tax Court that recent decisions, particularly Montana v. United States, 440 U.S. 147, 99 S.Ct. 970, 59 L.Ed.2d 210 (1979), indicate that it is appropriate to invoke collateral estoppel here to bar the Commissioner from relitigating with the same taxpayer the precise issue on which the Commissioner has already lost for a prior year. Moreover, Consolidated Edison is not controlling. Its authority was weakened not only by United States v. Russell Manufacturing Co., 349 F.2d 13 (2d Cir. 1965), but more importantly, by Montana v. United States, supra.

The judgment of the Tax Court is affirmed.

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671 F.2d 67, 49 A.F.T.R.2d (RIA) 670, 1982 U.S. App. LEXIS 22332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-carbide-corporation-v-commissioner-of-internal-revenue-ca2-1982.

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