Legal Opinion

Fernandez v. Commissioner

United States Board of Tax Appeals

Decided April 11, 1929No. Docket No. 19184Published

PLEADINGS. - Where the pleadings present an issue of law and the proceeding is submitted for final determination solely upon such pleadings, and it appears that the pleadings also present an issue of fact which the Board is without means of determining and the determination of which is essential to the Board's granting the petitioners any relief, the Board will decline to determine the issue of law because to do so would be futile in the circumstances.

1Opinion of the Court

J. G. FERNANDEZ AND FAUSTINO CEYANES, INDEPENDENT EXECUTORS, ESTATE OF JUAN H. FERNANDEZ, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Fernandez v. Commissioner

Docket No. 19184.

United States Board of Tax Appeals

15 B.T.A. 1369; 1929 BTA LEXIS 2678;

April 11, 1929, Promulgated

PLEADINGS. - Where the pleadings present an issue of law and the proceeding is submitted for final determination solely upon such pleadings, and it appears that the pleadings also present an issue of fact which the Board is without means of determining and the determination of which is essential to the…

2Cases cited1 opinion

  1. Fernandez v. CommissionerUnited States Board of Tax Appeals · 1929

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