Warren-Nash Motor Corp. v. Commissioner of Internal Revenue

Second Circuit

Warren-Nash Motor Corp. v. Commissioner of Internal Revenue

59 F.2d 1084, 11 A.F.T.R. (P-H) 677, 1932 U.S. App. LEXIS 3664, 1932 U.S. Tax Cas. (CCH) 9371, 11 A.F.T.R. (RIA) 677

CourtCourt of Appeals for the Second Circuit

DecidedJune 27, 1932

DocketNo. 145

StatusPublished

This text of 59 F.2d 1084 (Warren-Nash Motor Corp. 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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Warren-Nash Motor Corp. v. Commissioner of Internal Revenue, 59 F.2d 1084, 11 A.F.T.R. (P-H) 677, 1932 U.S. App. LEXIS 3664, 1932 U.S. Tax Cas. (CCH) 9371, 11 A.F.T.R. (RIA) 677 (2d Cir. 1932).

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Opinion

PER CURIAM.

A consolidated income tax return for the-petitioner, a New York corporation, and the Nash-Newark Company, a New Jersey corporation, was filed for the fiscal year 1923.. The question presented is whether a net loss suffered by a corporation in the year prior to its affiliation with the petitioner may be carried forward to the next succeeding year in which it was affiliated with the petitioner and applied against the petitioner’s net income in computing consolidated net income for such year. The question presented here-has been answered by the cases of Commissioner of Internal Revenue v. Ben Ginsburg Co., 54 F.(2d) 238 (decided by this court November 2, 1931) and Swift & Co. v. United States, 38 F.(2d) 365 (Court of Claims), and, upon the authority of these eases, the order must be affirmed.

Order affirmed.

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PER CURIAM.

A consolidated income tax return for the-petitioner, a New York corporation, and the Nash-Newark Company, a New Jersey corporation, was filed for the fiscal year 1923.. The question presented is whether a net loss suffered by a corporation in the year prior to its affiliation with the petitioner may be carried forward to the next succeeding year in which it was affiliated with the petitioner and applied against the petitioner’s net income in computing consolidated net income for such year. The question presented here-has been answered by the cases of Commissioner of Internal Revenue v. Ben Ginsburg Co., 54 F.(2d) 238 (decided by this court November 2, 1931) and Swift & Co. v. United States, 38 F.(2d) 365 (Court of Claims), and, upon the authority of these eases, the order must be affirmed.

Order affirmed.

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59 F.2d 1084, 11 A.F.T.R. (P-H) 677, 1932 U.S. App. LEXIS 3664, 1932 U.S. Tax Cas. (CCH) 9371, 11 A.F.T.R. (RIA) 677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-nash-motor-corp-v-commissioner-of-internal-revenue-ca2-1932.

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