Legal Opinion

Marlborough House, Inc. v. Commissioner

United States Board of Tax Appeals

Decided November 9, 1939No. Docket Nos. 90452, 90486, 90487Published

X corporation erected an apartment building in 1927 and issued its bonds in the amount of $500,000, secured by a mortgage on this property. In 1932 X defaulted on these bonds and a bondholders' protective committee was formed under a deposit agreement which gave it broad powers.

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X corporation erected an apartment building in 1927 and issued its bonds in the amount of $500,000, secured by a mortgage on this property. In 1932 X defaulted on these bonds and a bondholders' protective committee was formed under a deposit agreement which gave it broad powers. This committee instructed the trustee under the mortgage to foreclose, and at the foreclosure sale the committee bid in, with the bonds deposited with it plus cash, the property for $340,425. Thereafter the committee held and operated the property for several months and later transferred it to a new corporation, which…

1Opinion of the Court

MARLBOROUGH HOUSE, INC., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

BONDHOLDERS COMMITTEE, MARLBOROUGH INVESTMENT CO., FIRST MORTGAGE BONDS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Marlborough House, Inc. v. Commissioner

Docket Nos. 90452, 90486, 90487.

United States Board of Tax Appeals

40 B.T.A. 882; 1939 BTA LEXIS 786;

November 9, 1939, Promulgated

X corporation erected an apartment building in 1927 and issued its bonds in the amount of $500,000, secured by a mortgage on this property. In 1932 X defaulted on these bonds and a bondholders' protective…

2Cases cited10 opinions

  1. Morrissey v. CommissionerSupreme Court of the United States · 1935
  2. Redfield v. CommissionerUnited States Board of Tax Appeals · 1936
  3. Broadway-Brompton Bldgs. Liquidation Trust v. CommissionerUnited States Board of Tax Appeals · 1936
  4. Tyng v. CommissionerUnited States Board of Tax Appeals · 1937
  5. Dolese & Shepherd Co. v. CommissionerUnited States Board of Tax Appeals · 1934

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