Opinion

Oscar Daniels Co. v. Commissioner

  • 23 B.T.A. 260
  • 1931 BTA LEXIS 1900
Court
United States Board of Tax Appeals
Filed
May 15, 1931
Status
Published
Author
Sternhagen
On the bench
Sternhagen, Morris, Fossan, Agree
Cited by
0 cases

The opinion

SteRNHAGEN,

dissenting: The petitioner is taxable at war rates upon such proportion of its income as was attributable to its original Government contract. Some of its income was apparently attributable to the new contract, but not all of it. Plainly more that $10,000 was from work under the original contract, and section 301 requires that under such circumstances, an apportionment must be made and the war rates applied to the portion of the income which is attributable to the war contract. While I agree that there was a new contract, it does not follow that all of the income is attributable alone to the new contract. A substantial part of it was earned before the new contract was made. In the Goss case there was, so far as the report shows, no income from the original con *278 tract, which was made a few days before the Armistice; no manufacturing was done under the original contract and nothing was earned. The corporation had merely provided itself with some machinery in anticipation of securing a war contract, but before performance began the new peace-time contract was made.

MoRRis and ARTjndell agree with this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.