T. W. Warner Co. v. Commissioner
United States Board of Tax Appeals
1. Where the record shows the date of the filing of the return and the expiration of the statutory period for determination, collection, and assessment, the Commissioner has the burden of proving an extension and takes the risk of any defects in the documents relied upon as waivers. 2. An Indiana corporation transferred its entire assets to a Delaware corporation of the same name, subject to the assumption of liabilities, and its existence was finally terminated under the…
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1. Where the record shows the date of the filing of the return and the expiration of the statutory period for determination, collection, and assessment, the Commissioner has the burden of proving an extension and takes the risk of any defects in the documents relied upon as waivers. 2. An Indiana corporation transferred its entire assets to a Delaware corporation of the same name, subject to the assumption of liabilities, and its existence was finally terminated under the voluntary dissolution law of Indiana. The respondent asserted a deficiency against it after the expiration of the…
1Opinion of the Court
OPINION.
Sternhagen:
Respondent, acting under section 280, Revenue Act of 1926, notified petitioner, a Delaware corporation, on November 4, 1926, of his determination of petitioner’s liability for $69,025.80 as a transferee of the assets of T. W. Warner Co., an Indiana corporation ; this being the amount of a deficiency in income and profits tax of the Indiana corporation for 1917. The facts have been agreed upon and set forth in a written stipulation, which is as follows, with such modifications in form as are necessary in order to set forth the documentary exhibits sufficiently:
It is hereby…
2Cases cited2 opinions
- Jacobs v. E. Bement's SonsMichigan Supreme Court · 1910
- Hellmich v. Missouri Pacific RailroadSupreme Court of the United States · 1927
3Cited by11 opinions
- Robinson v. CommissionerUnited States Tax Court · 1972
- Schenk v. CommissionerUnited States Tax Court · 1976
- T. W. Warner Co. v. United StatesUnited States Court of Claims · 1936
- Robertson v. CommissionerUnited States Tax Court · 1973
- Rault v. CommissionerUnited States Tax Court · 1982
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