1040 Springfield Avenue Corporation v. Commissioner of Internal Revenue

Third Circuit

1040 Springfield Avenue Corporation v. Commissioner of Internal Revenue

185 F.2d 406

CourtCourt of Appeals for the Third Circuit

DecidedDecember 13, 1950

Docket10199

StatusPublished

This text of 185 F.2d 406 (1040 Springfield Avenue Corporation v. Commissioner of Internal Revenue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

1040 Springfield Avenue Corporation v. Commissioner of Internal Revenue, 185 F.2d 406 (3d Cir. 1950).

Pincite

Opinion

PER CURIAM.

In this appeal from the Tax Court the taxpayer seeks to override that court’s conclusion that the failure to file a personal holding company return for the period in question was due to wilful neglect. Our decisions in Girard Investment Co. v. Commissioner, 3 Cir., 1941, 122 F.2d 843 and Hatfried, Inc. v. Commissioner, 3 Cir., 1947, 162 F.2d 628, are relied on. But unlike the situations in those cases, there is an express finding that the petitioner did not advise its tax consultant of all the facts pertaining to the question of whether or not it was a personal holding company. This finding has adequate support in the evidence. The cases above cited are not applicable.

The decision of the Tax Court will be affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

In this appeal from the Tax Court the taxpayer seeks to override that court’s conclusion that the failure to file a personal holding company return for the period in question was due to wilful neglect. Our decisions in Girard Investment Co. v. Commissioner, 3 Cir., 1941, 122 F.2d 843 and Hatfried, Inc. v. Commissioner, 3 Cir., 1947, 162 F.2d 628, are relied on. But unlike the situations in those cases, there is an express finding that the petitioner did not advise its tax consultant of all the facts pertaining to the question of whether or not it was a personal holding company. This finding has adequate support in the evidence. The cases above cited are not applicable.

The decision of the Tax Court will be affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

185 F.2d 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/1040-springfield-avenue-corporation-v-commissioner-of-internal-revenue-ca3-1950.

Opinion

Related

Cite This Page — Counsel Stack