Legal Opinion

Mortgage Trust Certificate Pool v. Commissioner

United States Board of Tax Appeals

Decided November 15, 1940No. Docket No. 98207Published

ASSOCIATION - TAXABLE AS CORPORATION. - There was no association taxable as a corporation where, during the taxable years, a receiver of a closed insolvent national bank held and administered some segregated assets for the purpose of liquidating them for the benefit of holders of mortgage trust certificates.

1Opinion of the Court

MORTGAGE TRUST CERTIFICATE POOL, BERKS COUNTY TRUST COMPANY ALLEGED SUCCESSOR TRUSTEE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Mortgage Trust Certificate Pool v. Commissioner

Docket No. 98207.

United States Board of Tax Appeals

42 B.T.A. 1238; 1940 BTA LEXIS 884;

November 15, 1940, Promulgated

ASSOCIATION - TAXABLE AS CORPORATION. - There was no association taxable as a corporation where, during the taxable years, a receiver of a closed insolvent national bank held and administered some segregated assets for the purpose of liquidating them for the benefit of holders of mortgage…

2Cases cited6 opinions

  1. Morrissey v. CommissionerSupreme Court of the United States · 1935
  2. Broadway-Brompton Bldgs. Liquidation Trust v. CommissionerUnited States Board of Tax Appeals · 1936
  3. Dauphin Deposit Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1931
  4. Dolese & Shepherd Co. v. CommissionerUnited States Board of Tax Appeals · 1934
  5. Fidelity Nat'l Bank & Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1938

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