Legal Opinion

Newport Co. v. Commissioner

United States Board of Tax Appeals

Decided March 19, 1931No. Docket No. 28200Published

1. The taxpayer, a corporation organized under the laws of the State of Maine, engaged in business in Wisconsin, transferred all its assets, the most of which were located in Wisconsin, to the petitioner. Thereafter the courts of Maine decreed that the taxpayer be dissolved. Under the laws of Maine, the taxpayer remained in existence for three years for the purpose of liquidation.

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1. The taxpayer, a corporation organized under the laws of the State of Maine, engaged in business in Wisconsin, transferred all its assets, the most of which were located in Wisconsin, to the petitioner. Thereafter the courts of Maine decreed that the taxpayer be dissolved. Under the laws of Maine, the taxpayer remained in existence for three years for the purpose of liquidation. After the expiration of the three-year period agreements were executed purporting to waive the statute of limitation with regard to the taxpayer's liability for taxes for a year prior to dissolution. Held, that such…

1Opinion of the Court

THE NEWPORT COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Newport Co. v. Commissioner

Docket No. 28200.

United States Board of Tax Appeals

22 B.T.A. 833; 1931 BTA LEXIS 2059;

March 19, 1931, Promulgated

1. The taxpayer, a corporation organized under the laws of the State of Maine, engaged in business in Wisconsin, transferred all its assets, the most of which were located in Wisconsin, to the petitioner. Thereafter the courts of Maine decreed that the taxpayer be dissolved. Under the laws of Maine, the taxpayer remained in existence for three years for the purpose of…

2Cases cited6 opinions

  1. Oklahoma Natural Gas Co. v. OklahomaSupreme Court of the United States · 1927
  2. Cappellini v. CommissionerUnited States Board of Tax Appeals · 1929
  3. Southwestern Inv. Co. v. CommissionerUnited States Board of Tax Appeals · 1930
  4. Newport Co. v. CommissionerUnited States Board of Tax Appeals · 1931
  5. Shaw v. CommissionerUnited States Board of Tax Appeals · 1930

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