118 F.2d 474 | 5th Cir. | 1941
As of December 13, 1929, the Hughes Tool Company, petitioner, acquired all the capital stock of the Caddo Company. The Caddo Company filed a separate return of income for the period from January 1, 1929, to December 12, 1929, during which period it had a statutory net loss of $728,-415.87. For the period from December 13, 1929, to December 31, 1929, petitioner and the Caddo Company filed a consolidated return which showed consolidated net income of $141,828.10; no effect was given to the said net loss. A consolidated return was also filed for 1930, and the $728,415.87 was then deducted as a carry-over net loss, of which deduction the Commissioner disallowed all in excess of $5,000.
Upon this petition to review, we must decide whether the periods from January 1, 1929, to December 12, 1929, and from December 13, 1929, to December 31, 1929, for each of which respective periods a different return was filed, constituted one or two taxable years within the meaning of Sections 117(b) and 141(a) of the Revenue Act of 1928, 26 U.S.C.A. Int.Rev.Acts, pages 388, 396. If these periods constituted separate taxable years, as contended by the Commissioner and as declared by Regulations 75, Art. 41(d), then the carry-over loss to which the petitioner was entitled was deductible in the consolidated return for the short period in 1929, that being the next succeeding taxable year and sufficient net income being reported. The carry-over loss amounted to $5,000.
We are not convinced that either the relevant portion of the Revenue Act of 1928, or the Commissioner’s regulations promulgated pursuant to the broad powers thereby conferred, had the effect of changing the meaning of the term “taxable year” settled by and prevailing since the decision in Helvering v. Morgan’s Inc., 293 U.S. 121, 55 S.Ct. 60, 79 L.Ed. 232. In that case, and others following it,
This case is not one involving a change of a taxable year or accounting period ;
Affirmed.
See the case Hughes Tool Company v. Commissioner, 5 Cir., 118 F.2d 472, decided this day, which involves the same parties, the same order of the Board, and which supplements and is supplemented by this opinion.
See the case of Hughes Tool Company v. Commissioner, 5 Cir., 118 F.2d 472, decided this day.
Palomas Land & Cattle Co. v. Commissioner, 9 Cir., 91 F.2d 100; Commissioner v. General Machinery Corp., 6 Cir., 95 F.2d 759.
Cf. Helvering v. Morgan’s, Inc., supra; Wishnick-Tumpeer v. Helvering, 64 App.D.C. 295, 77 F.2d 774.
Commissioner v. General Machinery Corp., supra.