Legal Opinion

Roosevelt & Son Inv. Fund v. Commissioner

United States Board of Tax Appeals

Decided March 6, 1936No. Docket No. 76196PublishedCited by 2 opinions

For the years 1927 and 1928 taxpayer filed fiduciary returns on form 1041. Despite a ruling by the Commissioner in 1929 that it was taxable as a corporation, taxpayer on March 15, 1930, again filed a fiduciary return, giving all information requisite for assessing the tax either as a trust or as a corporation.

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For the years 1927 and 1928 taxpayer filed fiduciary returns on form 1041. Despite a ruling by the Commissioner in 1929 that it was taxable as a corporation, taxpayer on March 15, 1930, again filed a fiduciary return, giving all information requisite for assessing the tax either as a trust or as a corporation. On October 17, 1930, the Commissioner advised that on reconsideration it was held that taxpayer was a strict trust for the years 1927 and 1928, and on November 11, 1930, pursuant to request for a further ruling, advised that if the conditions had not changed the same ruling would be…

1Opinion of the Court

OPINION.

Van Fossan:

This proceeding was brought to redetermine a deficiency in the income tax of the petitioner for the year 1929 in the sum of $104,000.86. The case was presented on a stipulation signed by the parties, supplemented by oral testimony.

The issues are:(1) Whether or not the assessment and collection of the proposed deficiency are barred by the statute of limitations.(2) Whether or not the petitioner is an association or a revocable trust.(3) Whether or not the respondent is estopped from assessing a tax against the petitioner for the year 1929.(4) Whether the proper amount of…

2Cases cited2 opinions

  1. Zellerbach Paper Co. v. HelveringSupreme Court of the United States · 1934
  2. Lucas v. Pilliod Lumber Co.Supreme Court of the United States · 1930

3Cited by2 opinions

  1. Commissioner of Internal Revenue v. Roosevelt & Son Inv. FundCourt of Appeals for the Second Circuit · 1937
  2. Roosevelt & Son Inv. Fund v. CommissionerUnited States Board of Tax Appeals · 1936

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