Legal Opinion

Wheeler's Peachtree Pharmacy, Inc. v. Commissioner

United States Tax Court

Decided October 31, 1960No. Docket No. 76627PublishedCited by 101 opinions

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

Deennen, Judge:

Respondent determined deficiencies in petitioner’s income tax and additions to tax under section 293 (b), I.R.C. 1939, for the years 1948, 1949, and 1950. The matter is before us now on petitioner’s motion to dismiss for lack of jurisdiction.

BINDINGS 0J? FACT.

Petitioner was a Georgia corporation with its principal offices in Atlanta, Georgia, and filed its income tax returns for the years 1948, 1949, and 1950 with the collector of internal revenue for. the district of Georgia.

Petitioner was incorporated under the name of Peachtree Pharmacy, Inc., under the laws of the State of…

2Cases cited10 opinions

  1. National Committee to Secure Justice, etc. v. CommissionerUnited States Tax Court · 1957
  2. Coca-Cola Bottling Co. v. CommissionerUnited States Board of Tax Appeals · 1931
  3. Bahen & Wright v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1949
  4. Field v. CommissionerUnited States Tax Court · 1959
  5. Herbert Brush Mfg. Co. v. CommissionerUnited States Board of Tax Appeals · 1931

5 more not listed; retrieve them via the Exa API.

3Cited by101 opinions

  1. Naftel v. CommissionerUnited States Tax Court · 1985
  2. Normac, Inc. v. CommissionerUnited States Tax Court · 1988
  3. Estate of Young v. CommissionerUnited States Tax Court · 1983
  4. Brannon's of Shawnee, Inc. v. CommissionerUnited States Tax Court · 1978
  5. Brown v. CommissionerUnited States Tax Court · 1982

96 more not listed; retrieve them via the Exa API.

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