# Hellebush v. Commissioner > United States Board of Tax Appeals · November 5, 1931 · 24 B.T.A. 660 URL: https://www.frixlaw.com/law-library/cases/4492227 ## Case - **Full name:** FRED A. HELLEBUSH AND JOHN G. LIPPELMAN, TRUSTEES FOR THE STOCKHOLDERS OF THE BLACKBURN VARNISH COMPANY (DISSOLVED), v. COMMISSIONER OF INTERNAL REVENUE - **Court:** United States Board of Tax Appeals - **Decided:** November 5, 1931 - **Citations:** 24 B.T.A. 660; 1931 BTA LEXIS 1617 - **Precedential status:** Published - **Opinion:** Dissent by Goodeich - **Judges:** Goodeich, Seawell, Black, Tkammell - **Cited by:** 3 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/4492227 ## Opinion text Goodeich, dissenting: It must be recognized that there are legal and proper means by which the accrual of a tax liability upon the disposition of its assets by a corporation may be avoided. Attempts to adopt such devices must be adjudged strictly upon the facts in each case. I think the facts in this case disclose that petitioners successfully availed themselves of such a method and that, therefore, Taylor Oil & Gas Co., supra, need not control our decision here. And because of a divergence of the facts in the Taylor case, the case of Lexington Ice & Coal Co., supra, and the case at bar, it is my opinion that the Lexington case is not in conflict with these other cases, and need not be overruled. Seawell agrees with this dissent. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4492227. Public record. Not legal advice.