Bloomington Transmission Services, Inc. v. Commissioner
United States Tax Court
P, an Illinois corporation, was dissolved for failure to pay franchise tax and to file an annual report. Illinois law limited P's capacity to maintain a civil action, unless P remedied its failure to pay franchise tax and file annual report. P was required either to remedy the cause of dissolution or wind up its affairs during a 2-year period following dissolution, and P did neither.
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P, an Illinois corporation, was dissolved for failure to pay franchise tax and to file an annual report. Illinois law limited P's capacity to maintain a civil action, unless P remedied its failure to pay franchise tax and file annual report. P was required either to remedy the cause of dissolution or wind up its affairs during a 2-year period following dissolution, and P did neither. Thereafter, R issued a statutory notice of deficiency to P and P filed a petition with this Court. R moved to dismiss P for lack of capacity to maintain an action in this Court. This Court has held that Illinois…
1Opinion of the Court
Bloomington Transmission Services, Inc., Petitioner v. Commissioner of Internal Revenue, Respondent
Bloomington Transmission Services, Inc. v. Commissioner
Docket Nos. 13368-85, 39141-85
United States Tax Court
87 T.C. 586; 1986 U.S. Tax Ct. LEXIS 56; 87 T.C. No. 32;
September 4, 1986, Filed
P, an Illinois corporation, was dissolved for failure to pay franchise tax and to file an annual report. Illinois law limited P's capacity to maintain a civil action, unless P remedied its failure to pay franchise tax and file annual report. P was required either to remedy the cause of dissolution or wind up…
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- Chicago Title & Trust Co. v. Forty-One Thirty-Six Wilcox Bldg. Corp.Supreme Court of the United States · 1937
- Garzo v. Maid of the Mist Steamboat Co.New York Court of Appeals · 1952
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