Legal Opinion

Diamond Gardner Corp. v. Commissioner

United States Tax Court

Decided September 17, 1962No. Docket No. 80632Published

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

  1. Helvering v. Wheeling Mold & Foundry Co.Court of Appeals for the Fourth Circuit · 1934
  2. United States v. ScottCourt of Appeals for the Eighth Circuit · 1948
  3. Diamond Gardner Corp. v. CommissionerUnited States Tax Court · 1962
  4. California Iron Yards Corp. v. Commissioner of Int. Rev.Court of Appeals for the Ninth Circuit · 1936
  5. Gideon-Anderson Co. v. CommissionerUnited States Board of Tax Appeals · 1930

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