Western Seattle Federal Lender away from Seattle vmissioner regarding Internal Revenue, 288 F
The background in such a case needs to a the quantity revolved in the application of Point 332. In the Court’s advice, one to Point was not appropriate.
Specific argument will be generated your type of notice stored by depositor-investors was not a course from stock inside concept of Section 332 and that merger ranging from Hollywood and you will House was the newest merger from a father and you may a wholly-had subsidiary. If you find yourself such effect is you are able to, the latest Court feels that because the, in fact, the business out of Movie industry proceeded in home instead of disruption, the necessity for the latest reserve for money owed proceeded and you may performed perhaps not cease and you may, ergo, the fresh new set-aside should not be recovered so you’re able to earnings.