# Western Zinc Oxide Co. v. Commissioner

> United States Board of Tax Appeals · August 2, 1927 · 7 B.T.A. 972

URL: https://www.frixlaw.com/law-library/cases/4500241

## Case

- **Full name:** Considered by MARQUETTE, MILLIKEN, and PHILLIPS.
- **Court:** United States Board of Tax Appeals
- **Decided:** August 2, 1927
- **Citations:** 7 B.T.A. 972; 1927 BTA LEXIS 3051
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Fossan
- **Judges:** Makquette, Phillips, Fossan, Milliken
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4500241

## Opinion text

*973 OPINION.
Van Fossan:
The evidence fails to establish a cash value of the original plant in excess of $23,000, the amount of stock issued therefor. This figure also properly represents the cost of the original plant for depreciation purposes. There was some evidence of additional plant investment during 1915-1918 but the testimony as to the cost of same and the dates thereof was so indefinite as to make it impossible for us to determine, with any accuracy, a proper amount in excess of the figure of $23,000 as a basis for depreciation or to fix a rate of depreciation therefor.
Judgment will he entered on 15 days’ notice, under Rule 50.
Considered by Makquette, Milliken, and Phillips.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4500241. Public record. Not legal advice.