Legal Opinion

King v. Commissioner

United States Tax Court

Decided February 26, 1969No. Docket No. 2093-67Published

After having been adjudicated a bankrupt but before discharge and termination of the bankruptcy proceeding, the taxpayer received a statutory notice of deficiency for the taxable year 1962 and filed a timely petition with this Court. The respondent did not present a claim for this deficiency in the bankruptcy proceeding nor has he assessed it. Held, this court has jurisdiction to redetermine the deficiency; the respondent's motion to dismiss is denied.

1Opinion of the Court

Samuel J. King, Petitioner v. Commissioner of Internal Revenue, Respondent

King v. Commissioner

Docket No. 2093-67

United States Tax Court

51 T.C. 851; 1969 U.S. Tax Ct. LEXIS 185;

February 26, 1969, Filed

After having been adjudicated a bankrupt but before discharge and termination of the bankruptcy proceeding, the taxpayer received a statutory notice of deficiency for the taxable year 1962 and filed a timely petition with this Court. The respondent did not present a claim for this deficiency in the bankruptcy proceeding nor has he assessed it. Held, this court has jurisdiction to redetermine the…

Also in this document: Concurrence; Dissent · Scott; Dissent · Sterrett.

2Cases cited22 opinions

  1. Bruning v. United StatesSupreme Court of the United States · 1964
  2. Cohen v. GrossCourt of Appeals for the Third Circuit · 1963
  3. King v. CommissionerUnited States Tax Court · 1969
  4. Prather v. CommissionerUnited States Tax Court · 1968
  5. Abel v. CampbellCourt of Appeals for the Fifth Circuit · 1964

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