BROADVIEW LUMBER CO., INC. v. UNITED STATES

Nos. 76-2100, 76-2101, 76-2159 and 76-2160.

561 F.2d 698 (1977)

BROADVIEW LUMBER CO., INC., Plaintiff-Appellant-Cross-Appellee, v. UNITED STATES of America, Defendant-Appellee-Cross-Appellant. BROADVIEW LUMBER CO., INC., Successor-In-Interest by Statutory Merger to Allen County Lumber Co., Inc., Plaintiff-Appellant-Cross-Appellee, v. UNITED STATES of America, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 29, 1977.


Attorney(s) appearing for the Case

Myron C. Baum, Acting Asst. Atty. Gen., Ernest J. Brown, Atty., Tax Div., Dept. of Justice, Washington, D.C., Richard L. Kieser, U. S. Atty., Fort Wayne, Ind., for U.S.A.

James R. Solomon, Fort Wayne, Ind., Lester M. Ponder, Indianapolis, Ind., for Broadview Lumber.

Before SWYGERT and BAUER, Circuit Judges, and JAMESON, Senior District Judge.


JAMESON, Senior District Judge:

This appeal involves the tax consequences of a merger of a parent corporation into its subsidiary, brought about by the subsidiary's purchase of the parent's stock with insurance proceeds received from the involuntary conversion of the subsidiary's assets through fire. The taxpayer, Broadview Lumber Company, brought two suits to recover federal income taxes — one (No. 73 F 104) to recover taxes paid for its taxable years 1967...

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