Norie v. Commissioner
United States Tax Court
1. The Coast Carton Co. was issued a charter for a period expiring in 1929, and the charter was not extended or renewed. Thereafter through 1939, the taxable year, the stockholders of the corporation continued its business without knowledge of the expiration of the franchise or change of the corporate form of transacting business.
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1. The Coast Carton Co. was issued a charter for a period expiring in 1929, and the charter was not extended or renewed. Thereafter through 1939, the taxable year, the stockholders of the corporation continued its business without knowledge of the expiration of the franchise or change of the corporate form of transacting business. Held, that the Coast Carton Co. was in 1939 an association taxable as a corporation. 2. The association deducted amounts in its return for 1939 for compensation paid to officers with knowledge that the individuals performed no services for it for the payments. Held,…
1Opinion of the Court
OPINION.
Disney, Judge:
It does not appear whether respondent determined the deficiencies against the petitioner upon the ground that it was a corporation de jure or de facto, or an association taxable as a corporation. Upon brief, petitioner argues, in substance, that, upon the expiration of the charter of the Coast Carton Co. in 1929, the corporation ceased to exist for all purposes, and that thereafter J. L. Norie, as sole stockholder, did not form 'an association with any person to conduct petitioner’s business. Upon brief, respondent contends that petitioner is taxable as a corporation or…
2Cases cited3 opinions
- Morrissey v. CommissionerSupreme Court of the United States · 1935
- Hecht v. MalleySupreme Court of the United States · 1924
- Burk-Waggoner Oil Assn. v. HopkinsSupreme Court of the United States · 1925
3Cited by18 opinions
- Knoxville Truck Sales & Service, Inc. v. CommissionerUnited States Tax Court · 1948
- Meyers v. CommissionerUnited States Tax Court · 1953
- Snively v. CommissionerUnited States Tax Court · 1953
- Marshall v. HofferbertDistrict Court, D. Maryland · 1952
- Coast Carton Co. v. CommissionerUnited States Tax Court · 1948
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