Southwestern Inv. Co. v. Commissioner
United States Board of Tax Appeals
1. Where the stockholders took the steps essential to effect the surrender of the charter of a corporation organized under the law of the State of Louisiana, the corporation thereupon was dissolved, even though other requirements of the statute, which were merely directory, were not complied with. 2. Under the statutes of Louisiana the only persons competent to act on behalf of a dissolved corporation in winding up its affairs are the liquidators. 3. Purported waivers signed…
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1. Where the stockholders took the steps essential to effect the surrender of the charter of a corporation organized under the law of the State of Louisiana, the corporation thereupon was dissolved, even though other requirements of the statute, which were merely directory, were not complied with. 2. Under the statutes of Louisiana the only persons competent to act on behalf of a dissolved corporation in winding up its affairs are the liquidators. 3. Purported waivers signed on behalf of a dissolved Louisiana corporation by its former president, who was not one of the liquidators, are not…
1Opinion of the Court
*40OPINION.
McMahon:
The hearing of these proceedings was limited, by order, to the question of the statute of limitations.
At the hearing the respondent admitted that assessment and collection of the deficiency in taxes for the fiscal year ended January 31, 1919, covered by Docket No. 82053 are barred by the statute of limitations. Judgment, therefore, will be entered that there is no liability on the part of the petitioner for that year.
There remains, for consideration, the question whether or not the liability of petitioner for the income and profits taxes of the New Orleans Naval Stores Co.,…
2Cases cited6 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Oklahoma v. TexasSupreme Court of the United States · 1925
- Jeanerette Rice & Milling Co. v. DurocherSupreme Court of Louisiana · 1909
- Law v. RichWest Virginia Supreme Court · 1900
- Ban v. Columbia Southern Ry. Co.Court of Appeals for the Ninth Circuit · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Tide Water Oil Co. v. CommissionerUnited States Board of Tax Appeals · 1934
- Union Tex. Int'l Corp. v. CommissionerUnited States Tax Court · 1998
- Alameda Park Co. v. CommissionerUnited States Board of Tax Appeals · 1932
- Krueger v. United StatesDistrict Court, D. New Jersey · 1940
- Newport Co. v. CommissionerUnited States Board of Tax Appeals · 1931
4 more not listed; retrieve them via the Exa API.