Shull v. Commissioner
United States Tax Court
In Shull v. Commissioner, 271 F. 2d 447, the Court of Appeals for the Fourth Circuit vacated the judgment rendered in Frank T. Shull, 30 T.C. 821, and the cause was remanded for consideration of a new argument advanced by petitioners upon the appeal.
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In Shull v. Commissioner, 271 F. 2d 447, the Court of Appeals for the Fourth Circuit vacated the judgment rendered in Frank T. Shull, 30 T.C. 821, and the cause was remanded for consideration of a new argument advanced by petitioners upon the appeal. The new argument, designed to establish there was not a section 112(b)(7) liquidation of petitioners' corporation, is based upon the voluntary dissolution of the corporation prior to the adoption of a plan of liquidation under section 112(b)(7). Held, under Virginia statutes, the corporate existence continued after dissolution for liquidation…
1Opinion of the Court
SUPPLEMENTAL OPINION.
Muleoney, Judge:
Upon appeal of Frank T. Shull, 30 T.C. 821, the United States Court of Appeals for the Fourth Circuit vacated the judgment of this Court and the cause was remanded for our consideration of a new argument advanced by petitioners in the Court of Appeals. Shull v. Commissioner, 271 F. 2d 447.
Reference is made to our opinion, Frank T. Shall, supra, for the background facts but a short summary of those facts will be necessary in order to present the new theory now urged by petitioners.
Frank T. Shull owned about 99 per cent of the stock of Shull Electric…
2Cases cited4 opinions
- Smith v. CommissionerUnited States Board of Tax Appeals · 1932
- Frank T. Shull and Ann R. Shull v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1959
- Shull v. CommissionerUnited States Tax Court · 1958
- Shepherd v. F. J. Kress Box Co.Supreme Court of Virginia · 1930
3Cited by8 opinions
- Frank T. Shull and Ann R. Shull v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1961
- Wales v. CommissionerUnited States Tax Court · 1968
- Calderazzo v. CommissionerUnited States Tax Court · 1975
- Johnson v. CommissionerUnited States Tax Court · 1991
- Lake Iola Groves, Inc. v. CommissionerUnited States Tax Court · 1984
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