Legal Opinion

Jahncke Service, Inc. v. Commissioner

United States Board of Tax Appeals

Decided September 16, 1930No. Docket No. 41685Published

1. The petitioner held to be liable as a transferee. 2. Held that the granting of a motion of the respondent to file an amendment to his answer, wherein he alleged that the prior determination by this Board of the tax liability of the petitioner's transferor was conclusive upon the petitioner, was proper. 3. Where in a proceeding brought by it and in its own name a transferor corporation has its tax liability determined by this Board, held that such determination is…

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1. The petitioner held to be liable as a transferee. 2. Held that the granting of a motion of the respondent to file an amendment to his answer, wherein he alleged that the prior determination by this Board of the tax liability of the petitioner's transferor was conclusive upon the petitioner, was proper. 3. Where in a proceeding brought by it and in its own name a transferor corporation has its tax liability determined by this Board, held that such determination is conclusive upon a transferee stockholder of such corporation in a proceeding brought by such stockholder to have its liability…

1Opinion of the Court

JAHNCKE SERVICE, INC., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Jahncke Service, Inc. v. Commissioner

Docket No. 41685.

United States Board of Tax Appeals

20 B.T.A. 837; 1930 BTA LEXIS 2020;

September 16, 1930, Promulgated

1. The petitioner held to be liable as a transferee.

2. Held that the granting of a motion of the respondent to file an amendment to his answer, wherein he alleged that the prior determination by this Board of the tax liability of the petitioner's transferor was conclusive upon the petitioner, was proper.

3. Where in a proceeding brought by it and in its own…

2Cases cited18 opinions

  1. Sanger v. UptonSupreme Court of the United States · 1875
  2. Coe v. Armour Fertilizer WorksSupreme Court of the United States · 1915
  3. Hawkins v. GlennSupreme Court of the United States · 1889
  4. Bernheimer v. ConverseSupreme Court of the United States · 1907
  5. Converse v. HamiltonSupreme Court of the United States · 1912

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