American Creosoting Co. v. Commissioner
United States Board of Tax Appeals
1. A corporation affiliated with another corporation under section 240 of the Revenue Act of 1918 does not lose its status as a "taxpayer" and an assessment against such corporation in the absence of an agreement that the taxes due from other affiliated corporations may be collected from it will not authorize the collection from it of taxes due from such other corporations, and a notice to it of a deficiency in taxes due from other affiliated corporations joining with it in…
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1. A corporation affiliated with another corporation under section 240 of the Revenue Act of 1918 does not lose its status as a "taxpayer" and an assessment against such corporation in the absence of an agreement that the taxes due from other affiliated corporations may be collected from it will not authorize the collection from it of taxes due from such other corporations, and a notice to it of a deficiency in taxes due from other affiliated corporations joining with it in filing a consolidated return will not authorize the filing with the Board of petitions for the redetermination of…
1Opinion of the Court
Smith:
This proceeding involves only the determination of preliminary issues relating to the jurisdiction of the Board and to the bar of the statute of limitations against the assessment and collection of deficiencies due from the petitioners. There is no dispute concerning the facts pertinent to these issues.
During the years 1918 and 1919, the American Creosoting Co., Inc., was affiliated with the Federal Creosoting Co., Inc., the Indiana Creosoting Co., Inc., the Shreveport Creosoting Co., Inc., the Colonial Creosoting Co., Inc., and the Georgia Creosoting Co., Inc. After the fifing of…
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