Legal Opinion

Westheimer v. Bennett

District Court, S.D. New York

Decided March 26, 1959PublishedCited by 1 opinion

1Opinion of the Court

DIMOCK, District Judge.

Plaintiff sues on behalf of herself and all other former preferred stockholders of Fleming-Hall Tobacco Co., Inc. Among the defendants are former common stockholders of that corporation. The complaint alleges that, on dissolution of the corporation, its assets were distributed to its preferred and common stockholders but that the Commissioner of Internal Revenue has initiated transferee proceedings and notified substantially all of the stockholders of a proposed assessment against each in the amount of the liquidating dividend received. The amount of the tax due from…

2Cases cited4 opinions

  1. Sandor Schwartz v. Cyrus S. Eaton, Walter J. Tuohy, and Cyrus S. Eaton, Jr.Court of Appeals for the Second Circuit · 1959
  2. Admiral Oriental Line v. United StatesCourt of Appeals for the Second Circuit · 1936
  3. Rosen v. Texas CompanyDistrict Court, S.D. New York · 1958
  4. St. Lewis v. MorrisonDistrict Court, W.D. Kentucky · 1943

3Cited by1 opinion

  1. Cold Guard Corp. v. Republic Aluminum Co.District Court, S.D. New York · 1965

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