Legal Opinion

Mente & Co. v. Commissioner

United States Board of Tax Appeals

Decided January 17, 1934No. Docket Nos. 51305, 54701, 54708, 54917, 54959, 54960, 59722PublishedCited by 3 opinions

1. The petitioner, a corporation, was organized under a plan wherein it was agreed that, in consideration of its president agreeing to protect the purchasers of its securities against Federal tax claims of the old corporation, he, as trustee for the old stockholders, was to receive any tax refund that might afterwards be found due to the old corporation.

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1. The petitioner, a corporation, was organized under a plan wherein it was agreed that, in consideration of its president agreeing to protect the purchasers of its securities against Federal tax claims of the old corporation, he, as trustee for the old stockholders, was to receive any tax refund that might afterwards be found due to the old corporation. Later the United States sent to the petitioner a check representing a refund for overpayment of taxes by the old company, with interest thereon. The petitioner paid the proceeds of the check to its president, who distributed them among the…

1Opinion of the Court

*805OPINION.

Lansdon :

Seven petitions, as identified by the docket numbers in the above caption, are consolidated in these proceedings. The first in order shown pertains to the fiscal year ended March 31,1928, and the others to the calendar year 1928. All are appeals from the respondent’s determinations of income tax deficiencies against the several petitioners, and in addition thereto the petitioners, at the last four docket numbers, severally make claims of overassessments of their taxes, for which they ask affirmative relief by way of refunds. The respective deficiencies, in order of docket…

2Cases cited6 opinions

  1. Reinecke v. SpaldingSupreme Court of the United States · 1930
  2. Kansas City S. Ry. v. CommissionerUnited States Board of Tax Appeals · 1929
  3. Baker v. CommissionerUnited States Board of Tax Appeals · 1933
  4. Crowell v. CommissionerUnited States Board of Tax Appeals · 1930
  5. Stocker v. CommissionerUnited States Board of Tax Appeals · 1928

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. First National Bank v. United StatesDistrict Court, S.D. Florida · 1964
  2. Harkness v. CommissionerUnited States Board of Tax Appeals · 1935
  3. Mente & Co. v. CommissionerUnited States Board of Tax Appeals · 1934

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