LIBSON SHOPS v. KOEHLER

No. 15397.

229 F.2d 220 (1956)

LIBSON SHOPS, Inc., Appellant, v. Gustave F. KOEHLER, District Director of Internal Revenue, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied February 16, 1956.


Attorney(s) appearing for the Case

Owen T. Armstrong, St. Louis, Mo. (Lowenhaupt, Mattingly, Chasnoff & Stolar, St. Louis, Mo., were with him on the brief), for appellant.

Harry Marselli, Atty., Dept. of Justice (H. Brian Holland, Asst. Atty. Gen., and Ellis N. Slack and Harry Baum, Attys., Dept. of Justice, Washington, D. C., and Harry Richards, U. S. Atty., St. Louis, Mo., were on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and VOGEL, Circuit Judges.


VOGEL, Circuit Judge.

The sole question involved in this case is whether the appellant, as the surviving corporation in a statutory merger of seventeen separate corporations, in computing its net income for a taxable period commencing on the date of the merger, is entitled to carry over and deduct net operating losses sustained by three of the merged corporations in taxable periods ended prior to the date of the merger under...

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