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In re Davenport Dry Goods Co.

In re Davenport Dry Goods Co., 9 F.2d 477 (S.D. Iowa 1925)
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Court
District Court, S.D. Iowa · Federal District Courts
Decided
November 2, 1925
Judges
Wade
Citations
9 F.2d 4771925 U.S. Dist. LEXIS 1359

Opinion of the Court — Wade

Text extracted by OCR from a scanned original; check the original for exact wording.

WADE, District Judge.

Without discussing the authorities in detail, I am forced to announce that the finding of the referee must be confirmed. This is not an action by the purchaser of the stock, nor is he a party to it. It is not based upon any covenant with the purchaser to pay any tax. It is based solely upon the duty of the trustee, as fixed by statute. Whatever the liability of the stock may be, or might have been, the trustee was not liable for any action of the assessor, or the taxing body, subsequent to the time the stock was sold. The trustee is not required to pay any taxes, except those “due and owing” by the bankrupt, or taxes assessed against him as trustee. This tax was not “due and owing”; it existed only in the existence of the power which had not yet been exercised.

Counsel for the trustee will prepare an order, and submit it to counsel for the company, who will have five days in which to file objections, and submit the same to the court for consideration, reserving proper exceptions.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1933: 12025: 119332026peak 1933 · 1

Relies on it most ⓘ

  1. In re Wells4 F. Supp. 329 (D. Maryland 1933)
  2. United States v. BuyerNo. 23-7202 (2d Cir. Mar. 19, 2025)

Most recent

  1. United States v. BuyerNo. 23-7202 (2d Cir. Mar. 19, 2025)
  2. In re Wells4 F. Supp. 329 (D. Maryland 1933)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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