LONG

v.

COMMISSIONER OF INTERNAL REVENUE

Citator

Cited By

• Herbert's Estate v. Commissioner of Internal Revenue, 139 F.2d 756 (3d Cir. 1943)
  …he Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, § 44(d).5 And the charging off of a worthless debt has been held to be a “disposition” of property. See Long v. Commissioner of Internal Revenue, 9 Cir., 1938, 96 F. 2d 270, certiorari denied 1938, 305 U.S. 616, 59 S.Ct. 74, 83 L.Ed. 392; Ayer v. Blair, 1929, 58 App.D.C. 175, 26 F. 2d 547.6 We have no doubt that the payment here of the claim held by the estate was a “disposition” of the claim within the meaning of § 111. [*759] An alternative theory was su…
• In re Land Invs., Inc. v. Whyte, 544 F.2d 925 (7th Cir. 1976)
  …0 (2d Cir. 1941), cert. denied, 314 U.S. 657, 62 S.Ct. 110, 86 L.Ed. 527; United States v. Transocean Air Lines, Inc., 356 F. 2d 702 (5th Cir. 1966); and In re Prudence Co. Inc., 96 F. 2d 157 (2d Cir. 1938), cert. denied sub nom. McGrath v. Davison, 305 U.S. 616, 59 S.Ct. 75, 83 L.Ed. 393, to support their contrary argument, but each case is readily distinguishable. In Sherman the Second Circuit refused to hold that the bankruptcy court could not exercise its summary jurisdiction even to liquidate an attorn…
• In re Pac. FAR E. Line, Inc. v. Official Creditor Comm., 654 F.2d 664 (9th Cir. 1981)
  …Cf. In re Prudence Co., Inc., 96 F. 2d 157 (2d Cir.) (attorney’s charging lien survives bankruptcy and hence counsel retained prior to bankruptcy on contingent fee received full amount of fee even when case concluded after bankruptcy), cert. denied, 305 U.S. 616, 59 S.Ct. 75, 83 L.Ed. 393 (1938). The OCC nevertheless asserts that any lien became effective only as of the date of payment, rather than the date of creation. If true, this would eviscerate the lien and render Alioto’s claim nothing more than an…