# Lakeland Grocery Co. v. Commissioner > United States Board of Tax Appeals · July 13, 1937 · 36 B.T.A. 289 URL: https://www.frixlaw.com/law-library/cases/4496444 ## Case - **Full name:** LAKELAND GROCERY COMPANY, v. COMMISSIONER OF INTERNAL REVENUE - **Court:** United States Board of Tax Appeals - **Decided:** July 13, 1937 - **Citations:** 36 B.T.A. 289; 1937 BTA LEXIS 736 - **Precedential status:** Published - **Opinion:** Concurrence by Sternhagen - **Judges:** Harron, Smith, Sternhagen, Morris, Fossan, Agree - **Cited by:** 23 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/4496444 ## Opinion text 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. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4496444. Public record. Not legal advice.