Plains Buying & Selling Asso. v. Commissioner
United States Board of Tax Appeals
1. The Board does not have jurisdiction to hear and determine a proceeding filed with it pursuant to the provisions of section 279(b) of the Revenue Act of 1924, if prior to the filing of the petition there has been an adjudication of bankruptcy of the petitioner. 2. The Board is not deprived of jurisdiction where adjudication of bankruptcy of the petitioner occurs subsequent to the filing of a petition with the Board.
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1. The Board does not have jurisdiction to hear and determine a proceeding filed with it pursuant to the provisions of section 279(b) of the Revenue Act of 1924, if prior to the filing of the petition there has been an adjudication of bankruptcy of the petitioner. 2. The Board is not deprived of jurisdiction where adjudication of bankruptcy of the petitioner occurs subsequent to the filing of a petition with the Board. In such cases the jurisdiction of the courts and of the Board is concurrent. 3. The Board has jurisdiction to hear and determine a proceeding filed with it pursuant to the…
1Opinion of the Court
OPINION.
Korner, Chairman:
The issue presented here is the jurisdiction of the Board to hear and determine this proceeding. The respondent alleges in his motion to dismiss that the petition was filed with the Board subsequent to an adjudication of bankruptcy of the petitioner, *1148on voluntary petition, by the United States District Court for the District of New Mexico. The petitioner denies the allegation of the respondent in this regard, and alleges that it filed its petition with the Board prior to the date of its adjudication in bankruptcy. Respondent insists that notwithstanding the…
2Cited by16 opinions
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- Tanner v. CommissionerUnited States Tax Court · 1975
- Izen v. CommissionerUnited States Tax Court · 1975
- Missouri P. R. Co. v. CommissionerUnited States Board of Tax Appeals · 1934
- Monjar v. HigginsCourt of Appeals for the Second Circuit · 1943
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