Knoxville Truck Sales & Service, Inc. v. Commissioner
United States Tax Court
An automobile and truck sales business which was owned and controlled by one person was operated for several years under a valid corporate charter issued by the State of Tennessee, although no stock was ever issued and the corporate organization was never completed.
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An automobile and truck sales business which was owned and controlled by one person was operated for several years under a valid corporate charter issued by the State of Tennessee, although no stock was ever issued and the corporate organization was never completed. The corporate charter was revoked by the state for nonpayment of taxes on April 23, 1942. Thereafter, the sole owner, who did not know of the revocation, continued to operate the business under its corporate name. Held, that the petitioner was a legal corporate entity, taxable as such until its charter was revoked, and that…
1Opinion of the Court
OPINION.
LeMiRe, Judge:
Our first question is whether the petitioner was either a corporation or an association, taxable as a corporation, during the years 1941 to 1944, inclusive. It is not disputed that the petitioner’s organizers took what was thought to be all of the necessary steps to form a corporation under the laws of the State of Tennessee. Section 3719 of the Code of Tennessee provides that:
Upon the proper execution of the certificate of incorporation and causing the same to be filed and recorded as above set forth, and paying such license and recording fees as may be required by law…
2Cases cited11 opinions
- New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
- Gregory v. HelveringSupreme Court of the United States · 1935
- Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
- Higgins v. SmithSupreme Court of the United States · 1940
- Morrissey v. CommissionerSupreme Court of the United States · 1935
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hynes v. CommissionerUnited States Tax Court · 1980
- Hugh A. O'Neill and Elizabeth O'Neill v. United StatesCourt of Appeals for the Sixth Circuit · 1969
- Coast Carton Co. v. CommissionerUnited States Tax Court · 1948
- Standard Oil Co. of Louisiana v. Apex Oil Corp.Court of Appeals of Tennessee · 1951
- Wootan v. CommissionerUnited States Tax Court · 1955
9 more not listed; retrieve them via the Exa API.