Legal Opinion

Southwestern Inv. Co. v. Commissioner

United States Board of Tax Appeals

Decided February 26, 1930No. Dockets Nos. 30567, 32053, 35787Published

1. Where the stockholders took the steps essential to effect the surrender of the charter of a corporation organized under the law of the State of Louisiana, the corporation thereupon was dissolved, even though other requirements of the statute, which were merely directory, were not complied with. 2. Under the statutes of Louisiana the only persons competent to act on behalf of a dissolved corporation in winding up its affairs are the liquidators. 3. Purported waivers signed…

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1. Where the stockholders took the steps essential to effect the surrender of the charter of a corporation organized under the law of the State of Louisiana, the corporation thereupon was dissolved, even though other requirements of the statute, which were merely directory, were not complied with. 2. Under the statutes of Louisiana the only persons competent to act on behalf of a dissolved corporation in winding up its affairs are the liquidators. 3. Purported waivers signed on behalf of a dissolved Louisiana corporation by its former president, who was not one of the liquidators, are not…

1Opinion of the Court

SOUTHWESTERN INVESTMENT CO., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Southwestern Inv. Co. v. Commissioner

Dockets Nos. 30567, 32053, 35787.

United States Board of Tax Appeals

19 B.T.A. 30; 1930 BTA LEXIS 2478;

February 26, 1930, Promulgated

1. Where the stockholders took the steps essential to effect the surrender of the charter of a corporation organized under the law of the State of Louisiana, the corporation thereupon was dissolved, even though other requirements of the statute, which were merely directory, were not complied with.

2. Under the statutes of Louisiana the only…

2Cases cited4 opinions

  1. Jeanerette Rice & Milling Co. v. DurocherSupreme Court of Louisiana · 1909
  2. Southwestern Inv. Co. v. CommissionerUnited States Board of Tax Appeals · 1930
  3. Gleichman v. CommissionerUnited States Board of Tax Appeals · 1929
  4. Godfrey v. CommissionerUnited States Board of Tax Appeals · 1930

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