South Penn Oil Co. v. Commissioner
United States Board of Tax Appeals
1. Henry Cappellini et al.,14 B.T.A. 1269, followed. 2. The provisions of section 280 of the Revenue Act of 1926 are applicable as well to transferees who acquired assets of a taxpayer prior to the enactment of the statute as to those thereafter acquiring such assets. 3. Agreements extending the time within which taxes might be assessed, executed by the taxpayers, dissolved West Virginia corporations, before the statutory period of limitation expired, held valid and…
Read the full summary
1. Henry Cappellini et al.,14 B.T.A. 1269, followed. 2. The provisions of section 280 of the Revenue Act of 1926 are applicable as well to transferees who acquired assets of a taxpayer prior to the enactment of the statute as to those thereafter acquiring such assets. 3. Agreements extending the time within which taxes might be assessed, executed by the taxpayers, dissolved West Virginia corporations, before the statutory period of limitation expired, held valid and effective to extend the running of the statute. 4. Agreements purporting to extend the time within which taxes might be…
1Opinion of the Court
*1184OPINION.
Phillips:
The constitutional question raised by the petitioner is controlled by Henry Cappellini et al., 14 B. T. A. 1269, wherein we held that a transferee appealing to this Board under section 280 of *1185the Revenue Act of 1926 may not in such a proceeding question its constitutionality. See Phillips v. Commissioner, 42 Fed. (2d) 177.
Under the second assignment of error the petitioner attacks the right of the respondent to make the proposed assessment on the ground that section 280 of the 1926 Act does not clearly express the legislative intent to apply its provisions to a transferee…
2Cases cited9 opinions
- Billmyer Lumber Co. v. Merchants Coal Co.West Virginia Supreme Court · 1910
- Stark Electric R. v. McGinty Contracting Co.Court of Appeals for the Sixth Circuit · 1917
- Security Trust Co. v. PritchardAppellate Division of the Supreme Court of the State of New York · 1922
- Lynchburg Colliery Co. v. Gauley & Eastern Railway Co.West Virginia Supreme Court · 1922
- Bewick v. Alpena Harbor Improvement Co.Michigan Supreme Court · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Associates Inv. Co. v. CommissionerUnited States Tax Court · 1972
- Associates Inv. Co. v. CommissionerUnited States Tax Court · 1972
- South Penn Oil Co. v. CommissionerUnited States Board of Tax Appeals · 1930