Legal Opinion

California Brewing Asso. v. Commissioner

United States Board of Tax Appeals

Decided February 26, 1941No. Docket Nos. 101295, 101296PublishedCited by 16 opinions

1. A notice of deficiency for the calendar year 1936, held, in the circumstances, to be proper, notwithstanding the taxpayer was liquidated and dissolved on March 31, 1936. 2. A statement on the return that the taxpayer had been dissolved and that its parent company had acquired its assets in liquidation, held not to be a request for prompt assessment affecting the statute of limitation. 3. A corporation which in complete liquidation distributed all its assets, including its…

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1. A notice of deficiency for the calendar year 1936, held, in the circumstances, to be proper, notwithstanding the taxpayer was liquidated and dissolved on March 31, 1936. 2. A statement on the return that the taxpayer had been dissolved and that its parent company had acquired its assets in liquidation, held not to be a request for prompt assessment affecting the statute of limitation. 3. A corporation which in complete liquidation distributed all its assets, including its earnings and profits, held entitled to a dividends paid credit. Credit Alliance Corporation,42 B.T.A. 1020, followed.

1Opinion of the Court

*722OPINION.

SteRNHAgen:

1. In the notice of deficiency, which was dated November 3, 1939, determining a deficiency of $3,095.69 for the calendar year 1936, reference is made to earlier reports of examination, a protest and a conference, but there is no intimation of a protest or controversy as to the use of the calendar year as the period under consideration. Adjustments were made in four deductions and a dividends paid credit was disallowed. The petition assails none of the deduction adjustments; it assails the disallowance of the dividends paid credit. It' alleges that “the tax in controversy is…

2Cited by16 opinions

  1. Law v. CommissionerUnited States Tax Court · 1985
  2. Bennett v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1944
  3. Steiner v. CommissionerUnited States Tax Court · 1995
  4. Morgan v. CommissionerUnited States Tax Court · 1978
  5. Commissioner v. Winchester Repeating Arms Co.Court of Appeals for the Seventh Circuit · 1943

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