Legal Opinion

Continental Nut Co. v. Commissioner

United States Tax Court

Decided September 12, 1974No. Docket No. 6813-72Published

Property taxes were assessed against the petitioner, and petitioner's property was "sold" to the State of California pursuant to California law. During the period for the payment of the taxes in redemption of the property, the petitioner by law remained in possession and control of the property and was not restricted in its use thereof.

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Property taxes were assessed against the petitioner, and petitioner's property was "sold" to the State of California pursuant to California law. During the period for the payment of the taxes in redemption of the property, the petitioner by law remained in possession and control of the property and was not restricted in its use thereof. Held, the sale of the property to the State pursuant to California law did not effect a payment of a contested tax liability within the meaning of sec. 461(f), I.R.C. 1954.

1Opinion of the Court

Continental Nut Company, Petitioner v. Commissioner of Internal Revenue, Respondent

Continental Nut Co. v. Commissioner

Docket No. 6813-72

United States Tax Court

62 T.C. 771; 1974 U.S. Tax Ct. LEXIS 48; 62 T.C. No. 83;

September 12, 1974, Filed

Decision will be entered for the respondent.

Property taxes were assessed against the petitioner, and petitioner's property was "sold" to the State of California pursuant to California law. During the period for the payment of the taxes in redemption of the property, the petitioner by law remained in possession and control of the property and was not…

2Cases cited7 opinions

  1. United States v. AndersonSupreme Court of the United States · 1926
  2. United States v. Consolidated Edison Co. of NYSupreme Court of the United States · 1961
  3. In Re Application of SeickCalifornia Court of Appeal · 1920
  4. Weber v. WellsCourt of Appeals for the Ninth Circuit · 1946
  5. Glunt v. City & County of San FranciscoCalifornia Court of Appeal · 1969

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