SOUTHLAND CORPORATION v. CAMPBELL

No. 22476.

358 F.2d 333 (1966)

The SOUTHLAND CORPORATION, Appellant, v. Ellis CAMPBELL, Jr., District Director of Internal Revenue, Appellee.

United States Court of Appeals Fifth Circuit.

March 28, 1966.


Attorney(s) appearing for the Case

Stanley C. Simon, Webster Atwell, Atwell, Grayson & Atwell, Dallas, Tex., for appellant.

Melvin M. Diggs, U. S. Atty., Dallas, Tex., Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson Harry Baum, Fred R. Becker, Attys., Dept. of Justice, Washington, D. C., Richard M. Roberts, Acting Asst. Atty. Gen., Meyer Rothwacks, Fred R. Becker, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before HUTCHESON and BELL, Circuit Judges, and FISHER, District Judge.


HUTCHESON, Circuit Judge:

The Southland Corporation (Southland) claims a net operating loss deduction from its income for calendar years 1957 through 1960 inclusive. Southland is the successor, through a series of corporate manipulations not here relevant, of three now non-existent corporations: Caribbean Shipping Company (Caribbean or Loss Corporation); Cabell's Inc. (Old Cabell's or Profit Corporation); and the surviving corporation from the merger of these two...

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