Pennsylvania Cement Co. v. Bradley Contracting Co.
District Court, S.D. New York
In Equity. Suit by the Pennsylvania Cement Company against the Bradley Contracting Company, in which receivers were appointed for defendants. On petition of receivers therein for instructions. Instructions given.
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In Equity. Suit by the Pennsylvania Cement Company against the Bradley Contracting Company, in which receivers were appointed for defendants. On petition of receivers therein for instructions. Instructions given. On May 21, 1920, an order to show cause was issued, based upon the receivers’ petition, which among other things prayed this court to instruct the receivers as to “the duty o£ the receivers in connection with any taxes payable to the United States government * * * or any other taxes for which the receivers or this estate may be liable.” The persons served with this order were also…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). Perhaps the shortest way of stating the problem before the court is this: What reason is presented forbidding the present declaration of a dividend? I think no reason exists except the attitude of the United States, which has presented no claim and refuses to declare its intentions (if any it has) in the premises.
The relations of receivers, executors and other similar fiduciaries toward income faxes levied under the Constitution as affected by recent amendments is not a subject as yet much mooted in the courts.
One must regard first the taxing statute…
2Cases cited1 opinion
- In re Heller, Hirsh & Co.Court of Appeals for the Second Circuit · 1919
3Cited by13 opinions
- L. S. Ayers & Co. v. CommissionerUnited States Board of Tax Appeals · 1925
- Davis v. PullenCourt of Appeals for the First Circuit · 1922
- United States v. A. D. CrockerCourt of Appeals for the Ninth Circuit · 1963
- In Re Owl Drug Co.District Court, D. Nevada · 1937
- Burco, Inc. v. WhitworthCourt of Appeals for the Fourth Circuit · 1936
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