Knox Kershaw v. Kershaw Mfg. Co. & Royce Kershaw, 327 F.2d 1002 (5th Cir. 1964). · Go Syfert
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Knox Kershaw v. Kershaw Mfg. Co. & Royce Kershaw, 327 F.2d 1002 (5th Cir. 1964). Cases Citing This Book View Copy Cite
44 citation events (4 in the last 25 years) across 11 distinct courts.
Strongest positive: Siple v. Commissioner (tax, 1970-01-14)
Treatment trajectory · 1964 → 2026 · click a year to view as-of
1964 1995 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Siple v. Commissioner
Tax Ct. · 1970 · confidence medium
Shea , 36 T.C. 577 (1961) , affirmed per curiam 327 F. 2d 1002 *10 (C.A. 5, 1964), in addition to which the payment therein was not made to the creditor and did not reduce the primary indebtedness -- in fact, it was made to a third person in consideration of the assumption of the taxpayer's share of the guaranty.
cited Cited as authority (rule) Schlosser v. Commissioner
Tax Ct. · 1965 · confidence medium
Shea, 36 T.C. 577 (1961) , affd. 327 F. 2d 1002 *165 (C.A. 5, 1961); Eugene H.
cited Cited "see" Ira and Tracy Nathel v. Commissioner
Tax Ct. · 2008 · signal: see · confidence high
See, for example, * * * Shea [v. Commissioner], 36 T.C. 577 (1961), affirmed per curiam 327 F.2d 1002 (C.A. 5, 1964) * * *.
discussed Cited "see" Lloyd v. Epartment of Revenue, Tc-Md 070596d (or.tax 5-8-2008)
Or. T.C. · 2008 · signal: see · confidence high
See Shea v. Comm'r , 36 TC 577 , WL 1162 (1961), aff'd , 327 F 2d 1002 (5th Cir 1964) ( Shea ) (holding that a shareholder's payment for release of guarantee was an ordinary loss under IRC § 165 (c)(2)); Rushing v. Comm'r , 58 TC 996 , 1001 , WL 2529 (1972) (holding "that certain payments which had their genesis in petitioners' status as guarantors were payments which resulted in losses incurred in a transaction entered into for profit, deductible under section 165(c)(2)"(citing Shea , 36 TC 577 , among others)).
examined Cited "see" Nathel (3×)
unknown court · Ste · signal: see · confidence high
See, for example, * * * Shea [v. Commissioner], 36 T.C. 577 (1961), affirmed per curiam 327 F.2d 1002 (C.A. 5, 1964) * * * In Shea v. Commissioner, 36 T.C. 577, 582-583 (1961), affd. 327 F.2d 1002 (5th Cir. 1964), the Court held that a taxpayer’s payments to third parties for the sole purpose of obtaining a release from his liability on a corporate guaranty qualified as deductible losses under section 165(c)(2).
Retrieving the full opinion text from the archive…
Knox KERSHAW, Appellant,
v.
KERSHAW MANUFACTURING COMPANY and Royce Kershaw, Appellees
20361_1.
Court of Appeals for the Fifth Circuit.
Feb 27, 1964.
327 F.2d 1002
John C. Godbold, Albert W. Copeland, Montgomery, Ala. (Godbold, Hobbs & Copeland, Montgomery, Ala., of counsel), for appellant., Fred S. Ball, Jr., Montgomery, Ala., for appellees.
Cameron, Wisdom, Hunter.
Published
PER CURIAM:

This intricate action grows out of a family business relationship involving heavy railroad equipment. The appeal presents the questions of (1) whether there was a violation of the Sherman Act; [1] (2) whether the appellees violated their contract with appellant; and (3) whether the appellees can invoke the defense of pari delicto as to the alleged violations of the Sherman Act.

The thoroughness with which the trial court dealt with appellant’s contentions leaves little for us to write about. We refer to that opinion as accurately setting forth the facts of the case, the points raised by the plaintiff-appellant, and as correctly deciding each of the points raised. See Kershaw v. Kershaw Manufacturing Co., M.D.Ala., 1962, 209 F.Supp. 447.

We think that no good purpose would be served by writing a further opinion. We adopt what was written by the district court as the opinion of this Court and, based upon it, the judgment entered by the court below is

Affirmed.

1

. 15 U.S.C.A. §§ 1 and 2.