Legal Opinion

Ardbern Co. v. Commissioner

United States Board of Tax Appeals

Decided April 23, 1940No. Docket No. 90881Published

1. Petitioner, a foreign corporation, did not file income tax returns for any of the taxable years 1929 to 1932, both inclusive, until (a) after the Commissioner had determined deficiencies and mailed notice thereof, and (b) until after this proceeding was at issue before the Board on petition and answer duly filed.

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1. Petitioner, a foreign corporation, did not file income tax returns for any of the taxable years 1929 to 1932, both inclusive, until (a) after the Commissioner had determined deficiencies and mailed notice thereof, and (b) until after this proceeding was at issue before the Board on petition and answer duly filed. Held, the returns so filed did not comply with the requirements of section 233, Revenue Acts of 1928 and 1932, so as to entitle petitioner to the benefit of deductions and credits. Taylor Securities, Inc.,40 B.T.A. 696. 2. A sale of stock of the Bank of America by petitioner in…

1Opinion of the Court

THE ARDBERN COMPANY, LIMITED, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Ardbern Co. v. Commissioner

Docket No. 90881.

United States Board of Tax Appeals

41 B.T.A. 910; 1940 BTA LEXIS 1125;

April 23, 1940, Promulgated

1. Petitioner, a foreign corporation, did not file income tax returns for any of the taxable years 1929 to 1932, both inclusive, until (a) after the Commissioner had determined deficiencies and mailed notice thereof, and (b) until after this proceeding was at issue before the Board on petition and answer duly filed. Held, the returns so filed did not comply with the…

2Cases cited4 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Taylor Secur., Inc. v. CommissionerUnited States Board of Tax Appeals · 1939
  3. Ardbern Co. v. CommissionerUnited States Board of Tax Appeals · 1940
  4. Anglo-American Direct Tea Trading Co. v. CommissionerUnited States Board of Tax Appeals · 1938

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