Legal Opinion

Oswego Falls Corp. v. Commissioner

United States Board of Tax Appeals

Decided May 12, 1932No. Docket Nos. 25229, 28301, 32673, 34352PublishedCited by 36 opinions

Petitioner was organized January 31, 1922, as the result of the consolidation of three prior corporations under and pursuant to the business corporation law of the State of New York.

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Petitioner was organized January 31, 1922, as the result of the consolidation of three prior corporations under and pursuant to the business corporation law of the State of New York. All rights, privileges and franchises, and all property and assets of every kind, of each consolidating corporation were by law transferred and vested in the new corporation, and the new corporation by the same law became liable to pay and discharge all the debts and liabilities of the consolidating corporations, in the same manner as if incurred by it. Held, that the consolidated corporation, petitioner herein,…

1Opinion of the Court

OPINION.

Trammell :

These are proceedings for the redetermination under section 280 of the Revenue Act of 1926 of the petitioner’s liability as transferee as alleged by the respondent for income and profits taxes claimed to be due from the Oswego Falls Pulp & Paper Company and Sealright Company, Inc., for the years 1917 to 1922, inclusive, as follows:

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Upon, petitioner’s motion the hearing in the first instance was limited to the questions:(a) Did the respondent err .in determining that the petitioner is a transferee within the meaning of section 280 of the Revenue Act of 1926 in…

2Cases cited28 opinions

  1. Phillips v. CommissionerSupreme Court of the United States · 1931
  2. Waterman v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1909
  3. Scott v. NeelySupreme Court of the United States · 1891
  4. Boise Artesian Hot & Cold Water Co. v. Boise CitySupreme Court of the United States · 1909
  5. United States Ex Rel. Texas Portland Cement Co. v. McCordSupreme Court of the United States · 1914

23 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Perlmutter v. CommissionerUnited States Tax Court · 1965
  2. White v. CommissionerUnited States Tax Court · 1979
  3. BJR Corp. v. CommissionerUnited States Tax Court · 1976
  4. Pendola v. CommissionerUnited States Tax Court · 1968
  5. Atlas Tool Co. v. CommissionerUnited States Tax Court · 1978

31 more not listed; retrieve them via the Exa API.

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