Legal Opinion

Duggan v. Commissioner

United States Board of Tax Appeals

Decided January 6, 1930No. Docket Nos. 17208, 17209Published

1. DEATH OF APPELLANT. - In a cause of action which survives against the estate, there is no abatement of the appeal upon the death of the appellant after the perfecting of such appeal. Green v. Watkins,6 Wheat 260. 2. SALE OF CAPITAL ASSETS. - A corporation, through its general manager, agreed verbally to sell all of its capital assets at a fixed price.

Read the full summary

1. DEATH OF APPELLANT. - In a cause of action which survives against the estate, there is no abatement of the appeal upon the death of the appellant after the perfecting of such appeal. Green v. Watkins,6 Wheat 260. 2. SALE OF CAPITAL ASSETS. - A corporation, through its general manager, agreed verbally to sell all of its capital assets at a fixed price. After the completion of all details which insured the final consummation of the deal, the stockholders, with intent to avoid the incurring of a tax on the part of the corporation in carrying out the contract, caused a transfer of these assets…

1Opinion of the Court

JAMES DUGGAN, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

MICHAEL DUGGAN, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Duggan v. Commissioner

Docket Nos. 17208, 17209.

United States Board of Tax Appeals

18 B.T.A. 608; 1930 BTA LEXIS 2616;

January 6, 1930, Promulgated

1. DEATH OF APPELLANT. - In a cause of action which survives against the estate, there is no abatement of the appeal upon the death of the appellant after the perfecting of such appeal. Green v. Watkins,6 Wheat 260.

2. SALE OF CAPITAL ASSETS. - A corporation, through its general manager, agreed verbally…

2Cases cited2 opinions

  1. Sugarland Industries v. CommissionerUnited States Board of Tax Appeals · 1929
  2. Duggan v. CommissionerUnited States Board of Tax Appeals · 1930

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API