U.S. Court of Appeals for the Fifth Circuit, 1940

Commissioner v. Corpus Christi Terminal Co.

U.S. Court of Appeals for the Fifth Circuit · Decided March 21, 1940 · Holmes, Hutcheson, Sibley

110 F.2d 651; 24 A.F.T.R. (P-H) 554; 1940 U.S. App. LEXIS 4619 (Federal Reporter, Second Series)

Counsel

Edward II. Horton, Sewall Key, J. Louis Monarch, and S. Dee Hanson, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and John W. Smith, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for petitioner., Geo. S. Atkinson, of Dallas, Tex., and Wesley E. Seale, of Corpus Christi, Tex., for respondent.

Cases that cite this one

1 later published case cites this decision.

Commissioner v. Corpus Christi Terminal Co. (5th Cir. 1942)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Notwithstanding the decision in United States v. Hendler, 303 U.S. 564, 58 S.Ct. 655, 82 L.Ed. 1018, in order to a correct disposition of this case we are of opinion that it is necessary to know whether the assumption by the taxpayer of $100,789.81 of the liabilities of Eggleston Oil Corporation made in the purchase of the latter’s assets was ever performed by the taxpayer’s discharging the liabilities, and if so, when they were discharged. There is in the record some slight evidence, not clear or direct, on this point, but no finding by the Board of Tax Appeals. The cause is remanded to the Board of Tax Appeals with direction to reopen the case and hear additional evidence on the questions above suggested, and to make a finding thereon. Belridge Oil Co. v. Helvering, 9 Cir., 69 F.2d 432.

Remanded with direction.

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