Hunt v. Commissioner
United States Board of Tax Appeals
A Texas corporation was dissolved June 13, 1919. The statutes of that State continued the existence of the corporation for a period of three years and gave the trustees of the corporation authority for that period to settle the affairs of the corporation, and also provided that the corporate existence might be longer continued by the appointment of a receiver. No receiver was appointed.
Read the full summary
A Texas corporation was dissolved June 13, 1919. The statutes of that State continued the existence of the corporation for a period of three years and gave the trustees of the corporation authority for that period to settle the affairs of the corporation, and also provided that the corporate existence might be longer continued by the appointment of a receiver. No receiver was appointed. More than three years after the dissolution of the corporation, the former president of the corporation, who had also been one of its trustees, signed a consent on behalf of the dissolved corporation…
1Opinion of the Court
*1391OPINION.
Love :
We are of the opinion that the waiver executed on behalf of the Refining Company, a Texas corporation, by the former president and attested by the former assistant secretary, which corporation was legally dissolved more than three years before the waiver was signed, is invalid and ineffectual to suspend the running of the statute of limitation, and that the proposed assessment against the petitioner as transferee is barred.
Chapter 8, Title 32, of the Revised Civil Statutes of Texas, 1925, provides:
Art. 1388. Liquidation by officers. Upon the dissolution of a corporation, unless…
2Cases cited1 opinion
- Oklahoma Natural Gas Co. v. OklahomaSupreme Court of the United States · 1927
3Cited by9 opinions
- Barbados 7 Ltd. v. CommmmissionerUnited States Tax Court · 1989
- Lloyd v. CommissionerUnited States Board of Tax Appeals · 1933
- Morning Sun Publishing Co. v. CommissionerUnited States Board of Tax Appeals · 1934
- Barbados 7 Ltd. v. CommmmissionerUnited States Tax Court · 1989
- Hunt v. CommissionerUnited States Board of Tax Appeals · 1929
4 more not listed; retrieve them via the Exa API.