FAWICK CORPORATION v. C. I. R.

No. 15969.

342 F.2d 823 (1965)

FAWICK CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Sixth Circuit.

March 25, 1965.


Attorney(s) appearing for the Case

Edward C. Crouch, Cleveland, Ohio (Richard R. Hollington, Jr., Marshman, Hornbeck Hollington, Steadman & McLaughlin, Cleveland, Ohio, on the brief), for petitioner.

Edward Shillingburg, Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., on the brief), for respondent.

Before MILLER, O'SULLIVAN and PHILLIPS, Circuit Judges.


O'SULLIVAN, Circuit Judge.

The question before us is whether under the 1939 Internal Revenue Code a net operating loss of a corporation, which occurred before another corporation was merged into it, could be carried forward to reduce profits accruing after the merger but attributable solely to that part of its business that was brought to it by the absorbed corporation.

Petitioner Fawick Corporation, under its earlier corporate name of Federal Motor Truck...

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