Wheeler's Peachtree Pharmacy, Inc. v. Commissioner
United States Tax Court
1. Held, petitioner corporation was dissolved in 1952. 2. Held, the filing of successive consents extending the statute of limitations does not constitute the beginning of a suit by or against the corporation so as to extend the life of the corporation beyond the 3 years provided by Georgia law for winding up the affairs of a dissolved corporation. 3. Held, petitioner corporation was nonexistent and no one was authorized to act for it in filing a petition in this Court in…
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1. Held, petitioner corporation was dissolved in 1952. 2. Held, the filing of successive consents extending the statute of limitations does not constitute the beginning of a suit by or against the corporation so as to extend the life of the corporation beyond the 3 years provided by Georgia law for winding up the affairs of a dissolved corporation. 3. Held, petitioner corporation was nonexistent and no one was authorized to act for it in filing a petition in this Court in 1958, and the petition must be dismissed for lack of jurisdiction.
1Opinion of the Court
Wheeler's Peachtree Pharmacy, Inc., Petitioner, v. Commissioner of Internal Revenue, Respondent
Wheeler's Peachtree Pharmacy, Inc. v. Commissioner
Docket No. 76627
United States Tax Court
35 T.C. 177; 1960 U.S. Tax Ct. LEXIS 33;
October 31, 1960, Filed
1. Held, petitioner corporation was dissolved in 1952.
2. Held, the filing of successive consents extending the statute of limitations does not constitute the beginning of a suit by or against the corporation so as to extend the life of the corporation beyond the 3 years provided by Georgia law for winding up the affairs of a dissolved corporation.
3.…
2Cases cited10 opinions
- Wheeler's Peachtree Pharmacy, Inc. v. CommissionerUnited States Tax Court · 1960
- National Committee to Secure Justice, etc. v. CommissionerUnited States Tax Court · 1957
- Coca-Cola Bottling Co. v. CommissionerUnited States Board of Tax Appeals · 1931
- Bahen & Wright v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1949
- Field v. CommissionerUnited States Tax Court · 1959
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