MOSS AMERICAN, INC. v. COMMISSIONER

Docket No. 6065-71.

33 T.C.M. 1121 (1974)

T.C. Memo. 1974-252

Moss American, Inc., Successor By Merger to T.J. Moss Tie Company (Delaware) v. Commissioner.

United States Tax Court.

Filed September 23, 1974.


Attorney(s) appearing for the Case

Joseph E. McAndrews, Carol K. Nickel, and Nora A. Bailey, 1700 Pennsylvania Ave., N.W., Washington, D.C., for the petitioner. Thomas J. Miller, for the respondent.


Memorandum Findings of Fact and Opinion

GOFFE, Judge:

Respondent determined a deficiency in the Federal income tax of T.J. Moss Tie Company (Delaware) for its taxable year ended June 30, 1964, in the amount of $1,663,429.25. Petitioner is the surviving corporation of a merger with the taxpayer and is liable for any Federal income tax which may be due from the taxpayer.

The issue arises from the purchase by the taxpayer of all the outstanding stock...

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