Legal Opinion

Hales-Mullaly, Inc. v. Commissioner

United States Board of Tax Appeals

Decided January 6, 1942No. Docket No. 100853Published

Petitioner, after acquiring by purchase part of the assets and business of another corporation, was made a party defendant to an action brought by the vendor against some of its former stockholders and employees, in which it was alleged that it had been damaged by certain overt acts performed by them prior to petitioner's incorporation in furtherance of a conspiracy entered into for the purpose of procuring its wholesale business.

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Petitioner, after acquiring by purchase part of the assets and business of another corporation, was made a party defendant to an action brought by the vendor against some of its former stockholders and employees, in which it was alleged that it had been damaged by certain overt acts performed by them prior to petitioner's incorporation in furtherance of a conspiracy entered into for the purpose of procuring its wholesale business. This action and five suits which had been brought by former salesmen against the vendor for commissions were settled by having the petitioner pay the salesmen a…

1Opinion of the Court

HALES-MULLALY, INC., A CORPORATION, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Hales-Mullaly, Inc. v. Commissioner

Docket No. 100853.

United States Board of Tax Appeals

46 B.T.A. 25; 1942 BTA LEXIS 920;

January 6, 1942, Promulgated

Petitioner, after acquiring by purchase part of the assets and business of another corporation, was made a party defendant to an action brought by the vendor against some of its former stockholders and employees, in which it was alleged that it had been damaged by certain overt acts performed by them prior to petitioner's incorporation in furtherance of…

2Cases cited15 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
  3. Kornhauser v. United StatesSupreme Court of the United States · 1928
  4. Textile Mills Securities Corp. v. CommissionerSupreme Court of the United States · 1941
  5. Jones v. CommissionerUnited States Board of Tax Appeals · 1941

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