# Phoenix Nat'l Bank v. Commissioner > United States Board of Tax Appeals · November 13, 1928 · 14 B.T.A. 115 URL: https://www.frixlaw.com/law-library/cases/4488802 ## Case - **Full name:** PHOENIX NATIONAL BANK AND PHOENIX SAVINGS BANK & TRUST CO., v. COMMISSIONER OF INTERNAL REVENUE - **Court:** United States Board of Tax Appeals - **Decided:** November 13, 1928 - **Citations:** 14 B.T.A. 115; 1928 BTA LEXIS 3011 - **Precedential status:** Published - **Opinion:** Opinion of the court by Fossan - **Judges:** Fossan - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4488802 ## Opinion text *118 OPINION. Van Fossan : The motion of respondent to vacate the order of the Board of May 18, 1926, dismissing the petition in so far as it affects the Phoenix Savings Bank & Trust Co. is denied. Caughey-Jossman Co., 8 B. T. A. 201; American Creosoting Co., 12 B. T. A. 247; New York Talking Machine Co., 13 B. T. A. 154. No deficiency was determined against said company and no notice of a deficiency mailed to it. Jurisdiction may not be conferred on the Board by an improper joinder of parties petitioner. The record discloses no agreement between the Bank and the Trust Company relating to the apportionment of the tax to be assessed against them as affiliated corporations, and such tax must, therefore, be assessed-against the corporations upon the basis of the net income properly assignable to each, as provided ⅛ section 240(a) of the .Revenue Act of 1918 and section 240 (b) of the Revenue Act of 1921. Cincinnati Mining Co., 8 B. T. A. 79. Judgment will he entered under Rule 50. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4488802. Public record. Not legal advice.