DELIA v. COMMISSIONER

No. 16591.

9 Ohio Misc. 96 (1966)

DELIA, TRANSFEREE OF ASSETS OF LATH RITE BUILDERS, INC., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Court of Appeals, Sixth Circuit.

Decided June 22, 1966.


Attorney(s) appearing for the Case

Messrs. Welsh, Sorin, Rabb & Cohn and Mr. Martin J. Welsh, for petitioner.

Mr. Richard M. Roberts, Mr. Meyer Rothwacks, Mr. Robert N. Anderson and Mr. Anthony Z. Roisman, for respondent.

Before PHILLIPS, Circuit Judge and MCALLISTER and CECIL, Senior Circuit Judges.


PHILLIPS, C. J.

The tax court held that petitioner Charlie Delia, as transferee is liable for a deficiency in income taxes assessed against Lath Rite Builders, Inc., for the taxable years 1954 and 1955, and Delia has filed a petition to review.

Two issues are presented: (1) Is the corporation liable for the tax and (2) if so, is Delia liable as transferee?

The memorandum opinion of the tax court, reported T.C. Memo. 1964-329, sets forth the facts of...

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