# Silver King Consol. Mining Co. v. Commissioner > United States Board of Tax Appeals · September 10, 1927 · 8 B.T.A. 41 URL: https://www.frixlaw.com/law-library/cases/4500374 ## Case - **Full name:** SILVER KING CONSOLIDATED MINING CO. OF UTAH, v. COMMISSIONER OF INTERNAL REVENUE - **Court:** United States Board of Tax Appeals - **Decided:** September 10, 1927 - **Citations:** 8 B.T.A. 41; 1927 BTA LEXIS 2964 - **Precedential status:** Published - **Opinion:** Opinion of the court by Aeundell - **Judges:** Sterniiagen, Aeundell, Murdock - **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/4500374 ## Opinion text *43 OPINION. Aeundell : The question of law raised by the stipulation of the parties has already been decided by the Board in the Appeal of L. S. Ayers & Co., 1 B. T. A. 1135. This decision has been consistently upheld. We there held that the invested capital of a corporation *44 may not be reduced in determining the extent to which a dividend is paid from current earnings of a year by a so-called tentative tax. It follows that the tax liability herein should be computed without adjustment on account of a tentative tax. Based on the facts as stipulated the tax liability is determined to be $84,125.71. As there has heretofore been assessed $88,028.84 and a payment of $85,666.03 has been made, there is an overpayment in the amount of $1,540.32 and in addition an overassessment in the amount of $2,362.81. Judgment will be entered for the fetitioner on the issues raised, after 15 days' notice, under Rule 50. Considered by Sterniiagen and Murdock. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4500374. Public record. Not legal advice.