Validity Of Treasury Regulations

13 Florida cases classified under this topic · sorted by citation count · browse and sort

• Gehl Co. v. Commissioner OF Internal Revenue
  795 F.2d 1324· 7th Cir.· 1986-07-09 ·cited 18×
  Treasury Regulation § 1.993-2(d)(2) is valid, but it cannot be applied retroactively to Gehl's taxable years 1976 and 1977.
• CWT Farms, Inc. v. Commissioner OF Internal Revenue
  755 F.2d 790· 11th Cir.· 1985-03-19 ·cited 18×
  The court held that the demand notes were not qualified producer's loans and that commissions receivable were not qualified export assets due to untimely payment, thus disqualifying the corporation as a DISC.
• Est. of J. O. Willett v. Commissioner OF Internal Revenue
  365 F.2d 760· 5th Cir.· 1966-07-29 ·cited 14×
  The court held that Treasury Regulation Section 1.1361-5(b) is invalid because it imposes a taxable event upon the incorporation of a proprietorship that previously elected to be taxed as a corporation, which is inconsistent with Congressional intent and tax statutes.
• Linen Thread Co. v. Commissioner of Internal Revenue
  128 F.2d 166· 2d Cir.· 1942-05-15 ·cited 14×
  The court held that the petitioner did not maintain an office or place of business in the United States for the regular transaction of business, thus it was not a resident foreign corporation for tax purposes.
• Zemurray Found. v. United States
  687 F.2d 97· 5th Cir.· 1982-09-27 ·cited 12×
  The dissenting judge believes the majority's interpretation of the tax statute is incorrect and that the property sold was not subject to tax.
• F. Strauss & SON, Inc. v. Commissioner OF Internal Revenue
  251 F.2d 724· 8th Cir.· 1958-01-24 ·cited 10×
  Expenditures for lobbying or promoting/defeating legislation are not deductible as ordinary and necessary business expenses under Section 23(a)(1)(A) of the Internal Revenue Code of 1939.
• Union Carbide Corp. v. The United States
  612 F.2d 558· Ct. Cl.· 1979-12-12 ·cited 8×
  The court held that the last sentence of Treas.Reg. § 1.1502-25(c), which excludes corporations with net operating losses from calculations of consolidated taxable income attributable to WHTCs, is invalid and cannot be applied to computations under I.R.C. § 1503(b)(1).
• Goodson-Todman Enters., Ltd. v. Commissioner OF Internal Revenue
  784 F.2d 66· 2d Cir.· 1986-01-29 ·cited 6×
  The court held that the Treasury Regulation categorically excluding all 'game shows' from the Investment Tax Credit was unreasonable and invalid as applied to shows like 'To Tell The Truth' which were not topical or transitory in nature.
• DRS. Hill & Thomas Co. v. United States
  392 F.2d 204· 6th Cir.· 1968-03-26 ·cited 6×
  The court held that while the specific refund claim may be moot, the court can still address the validity of the Treasury Regulation due to its continuing application and public importance.
• Royer's, Inc. v. United States
  265 F.2d 615· 3d Cir.· 1959-04-07 ·cited 6×
  A regulation requiring a profit-sharing trust to be exempt in a succeeding taxable year for carry-over deductions is invalid if it adds a requirement not present in the controlling statute.
• Greenacre Found. v. The United States
  762 F.2d 965· Fed. Cir.· 1985-05-16 ·cited 2×
  The court held that Treasury Regulation § 53.4940-1(f)(1) validly provides that property of a type generally producing investment income is treated as held for investment purposes, even if sold immediately upon receipt, and thus capital gains from such sales are subject to the pr
• The Citizen's Nat'l Bank OF Waco v. United States
  417 F.2d 675· 5th Cir.· 1969-10-03 ·cited 2×
  The court held that Treasury Regulation § 1.1015-4 is invalid to the extent it prevents the tacking of holding periods in a part-gift, part-sale transaction where the transferee's basis is determined by reference to the transferor's basis.
• The United States v. Agway, Inc.
  696 F.2d 1367· Fed. Cir.· 1982-11-09
  The court held that a 1959 regulation attempting to alter the tax treatment of gains on the redemption of cooperative stock, as mandated by the Internal Revenue Code, is invalid and of no effect.