Turnbull, Inc. v. Commissioner
United States Tax Court
JGT and HRH corporations entered into a joint plan and agreement of merger pursuant to State law, and the name of the surviving corporation was changed to Turnbull, Inc., the petitioner.
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JGT and HRH corporations entered into a joint plan and agreement of merger pursuant to State law, and the name of the surviving corporation was changed to Turnbull, Inc., the petitioner. HRH corporation was left without assets and its existence ceased on December 31, 1957. The merger agreement provided that all debts, liabilities, and duties of the constituent corporations attached to the surviving corporation and could be enforced against it as if incurred or contracted by it. Later petitioner executed a transferee agreement admitting that it was a transferee of the assets of HRH corporation…
1Opinion of the Court
STOTHEMENTAL OPINION
Dawson, Judge:
On December 24,1963, we filed our Memorandum Findings of Fact and Opinion (T.C. Memo. 1963-335) in this proceeding. Our findings of fact and opinion were later amended in certain respects by our order of February 13,1964.
On April 2, 1964, the petitioner filed its Motion to Vacate the Trial Court’s Opinion and on April 13,1964, filed its Motion to Amend Petitioner’s Motion to Vacate the Trial Court’s Opinion. Points and authorities were submitted in support of petitioner’s position that the Court erred in holding H. R. Henderson & Co. primarily liable for…
2Cases cited20 opinions
- Botany Worsted Mills v. United StatesSupreme Court of the United States · 1929
- West Texas Refining & D. Co. v. Commissioner of Int. Rev.Court of Appeals for the Tenth Circuit · 1933
- Koppers Coal Co. v. CommissionerUnited States Tax Court · 1946
- Joyce v. GentschCourt of Appeals for the Sixth Circuit · 1944
- COMMISSIONER OF INT. REVENUE v. Oswego Falls Corp.Court of Appeals for the Second Circuit · 1934
15 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- BJR Corp. v. CommissionerUnited States Tax Court · 1976
- Bos Lines, Inc., Transferee v. Commissioner of Internal Revenue, Bos Lines, Inc., Transferee of the Transferee v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1965
- Harder Services, Inc. v. CommissionerUnited States Tax Court · 1976
- Bellin v. CommissionerUnited States Tax Court · 1975
- Gator Oil Co. v. CommissionerUnited States Tax Court · 1976
14 more not listed; retrieve them via the Exa API.