Diamond Gardner Corp. v. Commissioner
United States Tax Court
Held, where taxpayer transferred assets after the period of limitation for assessment of taxes, transferee, petitioner, was not liable as transferee under section 311, I.R.C. 1939, upon its assumption contract, made at the time of the transfer, wherein it "assumes all of the liabilities of [transferor]."
1Opinion of the Court
Diamond Gardner Corporation, Transferee, Petitioner, v. Commissioner of Internal Revenue, Respondent
Diamond Gardner Corp. v. Commissioner
Docket No. 80632
United States Tax Court
38 T.C. 875; 1962 U.S. Tax Ct. LEXIS 76;
September 17, 1962, Filed
Decision will be entered for the petitioner.
Held, where taxpayer transferred assets after the period of limitation for assessment of taxes, transferee, petitioner, was not liable as transferee under section 311, I.R.C. 1939, upon its assumption contract, made at the time of the transfer, wherein it "assumes all of the liabilities of [transferor]."
Thomas N.…
2Cases cited10 opinions
- Helvering v. Wheeling Mold & Foundry Co.Court of Appeals for the Fourth Circuit · 1934
- United States v. ScottCourt of Appeals for the Eighth Circuit · 1948
- Diamond Gardner Corp. v. CommissionerUnited States Tax Court · 1962
- California Iron Yards Corp. v. Commissioner of Int. Rev.Court of Appeals for the Ninth Circuit · 1936
- Gideon-Anderson Co. v. CommissionerUnited States Board of Tax Appeals · 1930
5 more not listed; retrieve them via the Exa API.