Opinion · Court of Appeals for the Fifth Circuit

Cullen v. Commissioner

143 F.2d 594

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1944-06-27
Topic
general

LEE, Circuit Judge. Petitioners are the transferees of the assets of Quintana Petroleum Company, which was dissolved and liquidated in 1938. If Quintana Petroleum Company was liable for the 1937 tax deficiency assessed against it, then petitioners’ liability as transferees is conceded. Upon motion and order filed and entered in the record in this case, it is provided that the decision of this Court in the case of Quintana Petroleum Company v. Commissioner of Internal Revenue, 143 F.2d 588, shall be the decision in each of these cases, but that separate judgments shall be entered.

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Cited by
1 opinion
CULLEN v. COMMISSIONER OF INTERNAL REVENUE,143 F.2d 594(5th Cir. 1944)
H.R. CULLEN, Transferee, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE,
Respondent (four cases). Katherine T. CULLEN, Transferee, Petitioner, v.
SAME. ESTATE of Harry HOLMES, Deceased, Lucy B. Holmes, Executrix,
Transferee, Petitioners, v. SAME. Harry HOLMES, Jr., John B. Holmes, and
Thomas J. Holmes, Successor Trustees, Transferees, Petitioners, v. SAME.
Nos. 10899-10905.
Circuit Court of Appeals, Fifth Circuit.
June 27, 1944.
Petitions for Review of Decisions of the U.S. Board of Tax Appeals (District of Texas).
M.K. Eckert, of Washington, D.C., for petitioner in each case.

Joseph S. Platt and Sewall Key, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J.P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and Claude R. Marshall, Sp. Atty., Bureau of Internal Revenue, both of Washington, D.C., for respondent.
Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.
LEE, Circuit Judge.
Petitioners are the transferees of the assets of Quintana Petroleum Company, which was dissolved and liquidated in 1938. If Quintana Petroleum Company was liable for the 1937 tax deficiency assessed against it, then petitioners' liability as transferees is conceded. Upon motion and order filed and entered in the record in this case, it is provided that the decision of this Court in the case of Quintana Petroleum Company v. Commissioner of Internal Revenue,143 F.2d 588, shall be the decision in each of these cases, but that separate judgments shall be entered.

Upon the authority of Quintana Petroleum Company v. Commissioner of Internal Revenue, 5 Cir.,143 F.2d 588, the decisions of the Board of Tax Appeals,44 B.T.A. 624, are affirmed.Page 595