Legal Opinion

Godfrey v. Commissioner

United States Board of Tax Appeals

Decided January 14, 1930No. Docket Nos. 18720, 18721Published

1. WAIVERS - DISSOLVED CORPORATIONS - POWERS OF OFFICERS AND TRUSTEES. - Where a corporation has dissolved in accordance with a state law which places its affairs in the hands of its directors, as liquidating trustees, its president is without authority to bind it by a waiver, signed by him as such, so as to stay the running of the statute of limitations against the assessment of further taxes against the corporation for prior years.

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1. WAIVERS - DISSOLVED CORPORATIONS - POWERS OF OFFICERS AND TRUSTEES. - Where a corporation has dissolved in accordance with a state law which places its affairs in the hands of its directors, as liquidating trustees, its president is without authority to bind it by a waiver, signed by him as such, so as to stay the running of the statute of limitations against the assessment of further taxes against the corporation for prior years. Held, further, that under such conditions the fact that the president of the dissolved corporation, who signed such waivers, was likewise a member of its board…

1Opinion of the Court

JONATHAN GODFREY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

FIRST NATIONAL BANK OF BRIDGEPORT, CONN., EXECUTOR, ESTATE OF CHARLES G. WALDO, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Godfrey v. Commissioner

Docket Nos. 18720, 18721.

United States Board of Tax Appeals

18 B.T.A. 775; 1930 BTA LEXIS 2586;

January 14, 1930, Promulgated

1. WAIVERS - DISSOLVED CORPORATIONS - POWERS OF OFFICERS AND TRUSTEES. - Where a corporation has dissolved in accordance with a state law which places its affairs in the hands of its directors, as liquidating trustees, its president is…

2Cases cited24 opinions

  1. Russell v. United StatesSupreme Court of the United States · 1929
  2. Stewart v. LansingSupreme Court of the United States · 1882
  3. Smith v. Sac CountySupreme Court of the United States · 1871
  4. Winslow v. Baltimore & Ohio RailroadSupreme Court of the United States · 1903
  5. Missouri Pacific Railroad v. BrazzilTexas Supreme Court · 1888

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