Alamo Nat'l Bank v. Commissioner
United States Board of Tax Appeals
Petitioners were the sole stockholders of a corporation, which, prior to 1913, had acquired a franchise to bottle and distribute Coca-Cola in certain counties of Texas. Petitioners liquidated the corporation in 1921, and did not include in their income for that year any amount on account of the receipt of the franchise as a liquidating dividend.
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Petitioners were the sole stockholders of a corporation, which, prior to 1913, had acquired a franchise to bottle and distribute Coca-Cola in certain counties of Texas. Petitioners liquidated the corporation in 1921, and did not include in their income for that year any amount on account of the receipt of the franchise as a liquidating dividend. Limitations having barred assessment and collection of additional taxes for 1921, held, petitioners may not deduct any value for the franchise as a basis in computing gain from its sale in 1931. Stearns Co. v. United States,291 U.S. 54.
1Opinion of the Court
OPINION.
Hill :
These proceedings, duly consolidated for hearing, involve deficiencies in income tax of petitioners for the year 1931 in the amounts of $30,741.74 and $15,250.48, respectively. The sole issue raised by petitioners is the action of the respondent in refusing to place a value, as of December 31, 1921, on the franchise acquired by them on that date for the exclusive right to bottle and distribute Coca-Cola in certain specified counties of Texas. In his answer, in addition to denying the error alleged, respondent specifically pleaded estoppel, based upon certain matters referred to…
2Cases cited4 opinions
- R. H. Stearns Co. v. United StatesSupreme Court of the United States · 1934
- Imperator Realty Co. v. . TullNew York Court of Appeals · 1920
- Dolan v. . RodgersNew York Court of Appeals · 1896
- Raleigh v. United StatesUnited States Court of Claims · 1934
3Cited by17 opinions
- Cluck v. CommissionerUnited States Tax Court · 1995
- Mayfair Minerals, Inc. v. CommissionerUnited States Tax Court · 1971
- Unvert v. CommissionerUnited States Tax Court · 1979
- Estate of Letts v. CommissionerUnited States Tax Court · 1997
- Bartel v. CommissionerUnited States Tax Court · 1970
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