Brewer v. Commissioner
United States Board of Tax Appeals
1. Taylor Oil & Gas Co.,15 B.T.A. 609 followed. 2. Henry Cappellini et al.,14 B.T.A. 1269 followed. 3. Henry Cappellini et al.,16 B.T.A. 802 followed. 4. Where a stockholder in a corporation about to be dissolved transferred his stock to petitioner for the sole purpose of having petitioner represent him at the final stockholders' meeting, to receive the proceeds of such stock and turn the same over to him, and where shortly after receiving such payment the petitioner paid…
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1. Taylor Oil & Gas Co.,15 B.T.A. 609 followed. 2. Henry Cappellini et al.,14 B.T.A. 1269 followed. 3. Henry Cappellini et al.,16 B.T.A. 802 followed. 4. Where a stockholder in a corporation about to be dissolved transferred his stock to petitioner for the sole purpose of having petitioner represent him at the final stockholders' meeting, to receive the proceeds of such stock and turn the same over to him, and where shortly after receiving such payment the petitioner paid such stockholder the amount due him, held that the right of said stockholder to the proceeds of his stock was absolute and…
1Opinion of the Court
*716OPINION.
Milliken :
Our decision in Taylor Oil & Gas Co. et al., 15 B. T. A. 609, disposes of all questions affecting the deficiency in tax against that company.
No evidence was introduced on the question whether respondent determined the liability of petitioner within the period prescribed by the statute of limitations and petitioner has apparently abandoned such contention.
Petitioner’s various contentions to the effect that section 280 is unconstitutional are foreclosed by our decision in Henry Cappellini et al, 14 B. T. A. 1269.
Respondent has determined that petitioner is liable at law or in…
2Cases cited12 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Werlein v. New OrleansSupreme Court of the United States · 1900
- Dawson v. HoltTexas Supreme Court · 1875
- Watkins v. HallTexas Supreme Court · 1882
- Johnson v. TaylorTexas Supreme Court · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brewer v. CommissionerUnited States Board of Tax Appeals · 1929
- Jaffee v. CommissionerUnited States Board of Tax Appeals · 1929
- Jahncke Service, Inc. v. CommissionerUnited States Board of Tax Appeals · 1930
- Solbar Eastern Corp. v. CommissionerUnited States Tax Court · 1975