Commissioner of Internal Revenue v. Hall C. Smith

Sixth Circuit

Commissioner of Internal Revenue v. Hall C. Smith

194 F.2d 536

CourtCourt of Appeals for the Sixth Circuit

DecidedFebruary 12, 1952

Docket10979

StatusPublished

Cited by1 cases

This text of 194 F.2d 536 (Commissioner of Internal Revenue v. Hall C. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commissioner of Internal Revenue v. Hall C. Smith, 194 F.2d 536 (6th Cir. 1952).

Pincite

Opinion

PER CURIAM.

This case came on to be heard on the record and briefs and oral argument of counsel.

And it appearing that the Tax Court of the United States, in a prior proceeding, held the respondent liable in equity as a transferee for unpaid taxes of a corporation, and that the decision of the Tax Court, 11 T.C. 174, was affirmed by this court in Charles E. Smith & Sons Co. v. Commissioner, 6 Cir., 184 F.2d 1011, certiorari denied 340 U.S. 953, 954, 71 S.Ct. 572, 95 L.Ed. 687.

And it appearing that the receipt of the excessive salary to the extent of which the respondent was held liable as transferee constituted “the bare receipt of property or money wholly belonging to another”, Commissioner of Internal Revenue v. Wilcox, 327 U.S. 404, 66 S.Ct. 546, 549, 90 L.Ed. 752, and that the respondent held the funds not for himself but for the creditors of the transferor;

It is ordered that the decision of the Tax Court be, and it hereby is, affirmed.

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