# Metropolitan Edison Co. v. Commissioner > United States Board of Tax Appeals · May 14, 1937 · 35 B.T.A. 1110 URL: https://www.frixlaw.com/law-library/cases/4496216 ## Case - **Full name:** METROPOLITAN EDISON COMPANY, v. COMMISSIONER OF INTERNAL REVENUE - **Court:** United States Board of Tax Appeals - **Decided:** May 14, 1937 - **Citations:** 35 B.T.A. 1110; 1937 BTA LEXIS 795 - **Precedential status:** Published - **Opinion:** Dissent by Steeniiagbn - **Judges:** Iagbn, Smith, Morris, Black, Steeni, Murdock - **Cited by:** 3 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4496216 ## How later opinions describe it (automated extraction) - finding of fact No. 3 ## Opinion text SteeNi-iagbN, dissenting: It seems to me that the decision in subdivision VI, allowing the deduction of $17,383.28 unamortized discount and expense upon the retirement in 1928 of the bonds of the Metropolitan Electric Co., is contrary to Turner-Farber Love Co. v. Commissioner, 68 Fed. (2d) 416; American Gas & Electric Co. v. Commissioner, 85 Fed. (2d) 527. The petitioner is, under Pennsyl *1125 vania law, “an entity entirely distinct from that of its constituents”, and as the result of merger or consolidation, the constituent corporations “are deemed dissolved” and “cease to exist.” Pennsylvania Co. for Insurances, etc., v. Commissioner, 75 Fed. (2d) 719. In this important respect the situation is different from a consolidation in Connecticut, and Connecticut Electric Service Co., 35 B. T. A. 444, is not controlling. There the Board said that “the law of Connecticut is particularly clear in providing that the constituent corporations in the case of a merger or consolidation continue their existence in the corporations into which they are merged or consolidated.” Murdock agrees with this dissent. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4496216. Public record. Not legal advice.