Irving Trust Co. v. Commissioner
United States Board of Tax Appeals
A trustee of a bankrupt, which distributed the assets of the bankrupt without first providing for the payment of a debt due the United States, is not personally liable under section 280(a)(2) of the Revenue Act of 1926 and section 3467 of the revised statutes where it appears that the trustee was not chargeable with knowledge of the debt.
1Opinion of the Court
*147OPINION.
Murdock :
The Commissioner notified the petitioner that he had determined a deficiency of $303.81 in the income tax of Stecher & Spelrein Co. for the year 1927, “which deficiency, plus interest as provided by law, it is proposed to assess against you as transferee of said corporation, in accordance with the provisions of section 280 of the Revenue Act of 1926.” The petitioner denies that it is liable for the tax due from Stecher & Spelrein Co. (hereinafter called the taxpayer or the bankrupt). The facts are not in dispute.
The taxpayer was adjudicated a bankrupt on December 1, 1931,…
2Cases cited2 opinions
- United States v. BarnesDistrict Court, S.D. New York · 1887
- United States v. EygesDistrict Court, D. Massachusetts · 1923
3Cited by17 opinions
- Estelle Want, Trustee and Transferee v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1960
- Leigh v. CommissionerUnited States Tax Court · 1979
- New v. CommissionerUnited States Tax Court · 1967
- In Re Estate of Denman, Texas Court of Appeals, 4th District (San Antonio)2008
- Little v. CommissionerUnited States Tax Court · 1999
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