Opinion

Lakeland Grocery Co. v. Commissioner

  • 36 B.T.A. 289
  • 1937 BTA LEXIS 736
Court
United States Board of Tax Appeals
Filed
Jul 13, 1937
Status
Published
Author
Sternhagen
On the bench
Harron, Smith, Sternhagen, Morris, Fossan, Agree
Cited by
23 cases
Authority
More cited than 10.7%

The opinion

Sternhagen,

concurring: Both Meyer Jewelry Co., 3 B. T. A. 1319,. and Burnet v. Campbell Co., 50 Fed. (2d) 487, were decided before United States v. Kirby Lumber Co., 284 U. S. 1 , and in my opinion are incompatible with that decision and were overruled by it. Dallas Transfer & Terminal Co. v. Commissioner, 70 Fed. (2d) 95, while different from the present case in its facts, contains reasoning with which I can not agree, and I do not, therefore, think its effect should be spread to cases where (short of a proceeding in bankruptcy) the debtor is saved from insolvency by the forgiveness of a debt or enabled thereby to carry on his business and recover his solvency. In such cases his gain may be just as real and substantial as where the forgiveness or composition occurs before insolvency.

Murdock agrees with the above.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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