CIR v. Hollywood Baseball Association
Citation | 352 F.2d 350 |
Decision Date | 01 November 1965 |
Docket Number | No. 19718.,19718. |
Parties | COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. HOLLYWOOD BASEBALL ASSOCIATION, Respondent. HOLLYWOOD BASEBALL ASSOCIATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. |
Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
John B. Jones, Jr., Acting Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Fred R. Becker, Attys., Dept. of Justice, Washington, D. C., for petitioner and cross-respondent.
Arthur E. Gore, Oceanside, Cal., for respondent and cross-petitioner.
Before BARNES, BROWNING and DUNIWAY, Circuit Judges.
This is a petition by the Commissioner of Internal Revenue for review of a decision of the Tax Court reversing the Commissioner's finding of a deficiency in taxpayer's returns on one ground; and a cross-petition by taxpayer for review of a decision by the Tax Court sustaining the Commissioner's finding of a deficiency in taxpayer's returns on a second ground.
Jurisdiction of the Tax Court was based upon Section 6213(a) of the Internal Revenue Code of 1954 (26 U.S.C. § 6213 (a)), which permits a taxpayer who has received a deficiency notice pursuant to 26 U.S.C. § 6212 to petition the Tax Court for a redetermination of the deficiency within ninety days. This court has jurisdiction of the petition and cross-petition to review pursuant to Section 7482 of the Internal Revenue Code of 1954 (26 U.S.C. § 7482).
The basic facts are not in dispute, though somewhat complicated. We refer to the Tax Court opinion for a detailed explanation of them. 42 T.C. 234 (1964).
The Commissioner states the nature of the controversy in his petition for review as follows:
The taxpayer filed his cross-petition to review a portion of the decision, and states the controversy as follows:
To continue reading
Request your trial-
A.E. Staley Mfg. Co. & Subsidiaries v. Comm'r of Internal Revenue
...payor's liquidation. Hollywood Baseball Association v. Commissioner, 42 T.C. 234, 255–256, 270–271 (1964), affd. on another issue 352 F.2d 350 (9th Cir.1965); Shellabarger Grain Prods. Co. v. Commissioner, 2 T.C. 75, 89 (1943), affd. 146 F.2d 177, 185 (7th Cir.1944). See generally, Bittker ......
-
Hollywood Baseball Association v. CIR
...the second time that the case has been before us. The first decision of the Tax Court is reported at 42 T.C. 234 (1964). We affirmed, 1965, 352 F.2d 350. On certiorari, the Supreme Court reversed and remanded for reconsideration in the light of Malat v. Riddell, 1966, 383 U.S. 569, 86 S.Ct.......
-
Duncan Indus., Inc. v. Comm'r of Internal Revenue
...existing law on the issue. See also Hollywood Baseball Association v. Commissioner, 42 T.C. 234 (1964), affd. on other issues 352 F.2d 350 (9th Cir. 1965), allowing amortization of organizational expenditures paid with the corporation's stock. See also B. Bittker & J. Eustice, Federal Incom......
-
Hollywood Baseball Ass'n v. Comm'r of Internal Revenue, Docket No. 93647.
...rather than ‘principally’ or ‘of first importance.’ Our decision on this issue was subsequently affirmed by the Ninth Circuit (352 F.2d 350, Nov. 1, 1965). Petitioner then filed a petition for writ of certiorari in the Supreme Court of the United States on the issue of the correct construct......