Dillman v. Commissioner
United States Tax Court
Rule 121, Tax Court Rules of Practice and Procedure. -- Held: Wis. Stat. Ann. sec. 180.787 providing for survival of remedies for and against dissolved corporations and their stockholders for a period of 2 years after dissolution does not limit the liability of stockholders as transferees of corporate assets.
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Rule 121, Tax Court Rules of Practice and Procedure. -- Held: Wis. Stat. Ann. sec. 180.787 providing for survival of remedies for and against dissolved corporations and their stockholders for a period of 2 years after dissolution does not limit the liability of stockholders as transferees of corporate assets. Notices of transferee liability issued to stockholder-transferees more than 4 years after dissolution of corporation but within 1 year after the expiration of period of limitation for assessment of tax against the transferor corporation are timely under sec. 6901, I.R.C. 1954.…
1Opinion of the Court
OPINION
Drennen, Judge:
These cases have been consolidated for purposes of this opinion and are here on petitioners’ Motions for Summary Judgment. The issue raised by the motions is whether Wisconsin Statutes Annotated section 180.787, which provides for survival of remedies against a corporation and its stockholders for a period of 2 years after dissolution of the corporation, bars issuance of valid notices of transferee liability and assessment of a deficiency in the corporate tax incurred before dissolution against stockholder-distributees of the corporate assets on liquidation where the…
2Cases cited22 opinions
- Phillips v. CommissionerSupreme Court of the United States · 1931
- United States v. SummerlinSupreme Court of the United States · 1940
- Campbell v. HoltSupreme Court of the United States · 1885
- Commissioner v. SternSupreme Court of the United States · 1958
- Joseph P. Lucia v. United States of AmericaCourt of Appeals for the Fifth Circuit · 1973
17 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Gumm v. CommissionerUnited States Tax Court · 1989
- Adams v. CommissionerUnited States Tax Court · 1978
- Kellogg v. CommissionerUnited States Tax Court · 1987
- Bresson v. CommissionerUnited States Tax Court · 1998
- Illinois Masonic Home v. CommissionerUnited States Tax Court · 1989
16 more not listed; retrieve them via the Exa API.