Legal Opinion

Gatens Inv. Co. v. Commissioner

United States Board of Tax Appeals

Decided July 13, 1937No. Docket No. 78693PublishedCited by 6 opinions

Under the law of the State of Oregon, the owner of property on March 1 is personally liable for the taxes thereon. Held, that a grantee who purchases real property in Oregon, after March 1 and before the tax is levied, acquires no right to deduct taxes paid by him based upon ownership in his grantor on March 1.

1Opinion of the Court

OPINION.

Disney :

The petitioner, an Oregon corporation organized September 29, 1981, by deed dated September 28, 1931, which was recorded October 28, 1931, received certain real estate situate in Portland, *310Multnomah County, Oregon, in exchange for all of its capital stock, without any agreement with the grantor respecting payment of taxes assessed against the property prior to the exchange.

The petitioner kept its books and filed its returns on the cash basis. During 1932 the petitioner paid taxes to the County of Multnomah on the property in the amount of $2,061.01. In his determination of a…

2Cases cited5 opinions

  1. City of Portland v. Multnomah CountyOregon Supreme Court · 1931
  2. Ferguson v. KabothOregon Supreme Court · 1903
  3. Oregon Railroad v. Umatilla CountyOregon Supreme Court · 1905
  4. Covey Motor Car Co. v. HurlburtOregon Supreme Court · 1922
  5. Logan v. LuukinenOregon Supreme Court · 1924

3Cited by6 opinions

  1. Banfield v. CommissionerUnited States Board of Tax Appeals · 1940
  2. Chamberlain v. CommissionerUnited States Board of Tax Appeals · 1941
  3. Gatens Inv. Co. v. CommissionerUnited States Board of Tax Appeals · 1937
  4. Kohlsaat v. CommissionerUnited States Board of Tax Appeals · 1939
  5. Schimmel v. CommissionerUnited States Board of Tax Appeals · 1939

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