Comas, Inc. v. Commissioner
United States Tax Court
The respondent determined that petitioner, as transferee of the assets of a transferee of the assets of a certain individual, was liable for the unpaid income tax of that individual for 1944 and 1945. Petitioner duly filed a petition with this Court to which respondent filed an answer. The issues presented by the pleadings were whether petitioner was liable as transferee of a transferee and, if so, the extent of such liability.
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The respondent determined that petitioner, as transferee of the assets of a transferee of the assets of a certain individual, was liable for the unpaid income tax of that individual for 1944 and 1945. Petitioner duly filed a petition with this Court to which respondent filed an answer. The issues presented by the pleadings were whether petitioner was liable as transferee of a transferee and, if so, the extent of such liability. Thereafter, and while the proceeding was pending before this Court, the petitioner was adjudicated a bankrupt. Claim was filed in the bankruptcy proceeding for the…
1Opinion of the Court
OPINION.
Withey, Judge:
Although not raised by either of the parties, the factual situation before us presents the question of whether we now have jurisdiction of the proceeding. The pertinent portion of the Internal Revenue Code of 1939 relative to the assessment and collection of taxes in the case of bankruptcy and receivership proceedings is set out below.1
Upon the filing of the petition herein we acquired exclusive jurisdiction of the proceeding. Subsequently, when the petitioner was adjudicated a bankrupt, we were not ousted from jurisdiction, but our jurisdiction became concurrent with…
2Cases cited2 opinions
- Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
- Ellis v. CommissionerUnited States Tax Court · 1950
3Cited by29 opinions
- Fotochrome, Inc. v. CommissionerUnited States Tax Court · 1972
- Smith v. United States (In Re Smith)United States Bankruptcy Court, M.D. Florida · 1990
- McQuade v. CommissionerUnited States Tax Court · 1985
- Tanner v. CommissionerUnited States Tax Court · 1975
- Freytag v. CommissionerUnited States Tax Court · 1998
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