New York Seven-Up Bottling Co. v. Commissioner
Case Details
- Judge(s)
- Fay
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
Related Laws
No specific laws identified for this ruling.
Outcome
The appellate court affirmed the district court's renewal of judgment against appellant Donald Bowers and dismissed his challenge to a postjudgment discovery order for lack of jurisdiction.
Excerpt
In 1956 petitioner executed a collective-bargaining agreement with the Soft Drink Workers Union, Local 812. The agreement contained a severance-pay provision. In 1959 petitioner executed another agreement with the union which eliminated the severance-pay benefit and provided that petitioner would contribute to a union retirement fund. The 1959 agreement also froze any benefits under the 1956 severance-pay provision. In its return for its taxable year ending on Mar. 31, 1960, petitioner deducted its entire remaining liability under the 1956 severance-pay provision. Held, sec. 404(a) (5), I.R.C. 1954, prohibits petitioner from deducting in its taxable year 1960 the amount of its liability under the 1956 severance-pay provision, because said amount was not \paid\ in its taxable year.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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