Niles Fire Brick Co. v. Commissioner
United States Board of Tax Appeals
1. PARTNERSHIPS. - When the heirs of John R. Thomas, under the terms of his will, acquired the property known as The Niles Fire Brick Co. and continued the operation of the same as a going business, they thereby became, in the view of the law, a partnership. 2. Although these same heirs later joined in some of the acts required for the formation of a corporation, the property and the business of the partnership were not conveyed to the corporation, and the evidence does not…
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1. PARTNERSHIPS. - When the heirs of John R. Thomas, under the terms of his will, acquired the property known as The Niles Fire Brick Co. and continued the operation of the same as a going business, they thereby became, in the view of the law, a partnership. 2. Although these same heirs later joined in some of the acts required for the formation of a corporation, the property and the business of the partnership were not conveyed to the corporation, and the evidence does not support the Commissioner's claim that the income of the business should be taxed as the income of a corporation or…
1Opinion of the Court
APPEAL OF THE NILES FIRE BRICK CO.
APPEAL OF MARGARETTA T. CLINGAN.
APPEAL OF MARY T. WADDELL.
APPEAL OF W. AUBREY THOMAS.
APPEAL OF ESTATE OF THOMAS E. THOMAS.
Niles Fire Brick Co. v. Commissioner
Docket Nos. 2628, 4227-4230.
United States Board of Tax Appeals
6 B.T.A. 8; 1927 BTA LEXIS 3621;
February 2, 1927, Promulgated
1. PARTNERSHIPS. - When the heirs of John R. Thomas, under the terms of his will, acquired the property known as The Niles Fire Brick Co. and continued the operation of the same as a going business, they thereby became, in the view of the law, a partnership.
2. Although these same…
2Cases cited1 opinion
- Niles Fire Brick Co. v. CommissionerUnited States Board of Tax Appeals · 1927