Case law

Crane v. Commissioner

30 B.T.A. 29 · United States Board of Tax Appeals · Mar 6, 1934

CRANE, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT. Crane v. Commissioner Docket No. 71718. … The identical questions raised in the instant proceeding were before the Board in the case of *1393 , and the decision herein is governed by that opinion.

Maloy v. Commissioner

45 B.T.A. 1104 · United States Board of Tax Appeals · Dec 30, 1941

S. 331 , the proceeding was remanded to the Board for reconsideration by the Board to determine whether that section was applicable. Our decision in Christopher L. Ward, supra, was followed by us in John P. … Commissioner v. Betts, 123 Fed. (2d) 534.

Alabama By-Products Corp. v. Commissioner

18 B.T.A. 919 · United States Board of Tax Appeals · Jan 24, 1930

ALABAMA BY-PRODUCTS CORPORATION, BIRMINGHAM COKE & BY-PRODUCTS CO., MAJESTIC COAL CO., AND IMPERIAL COAL & COKE CO., PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT. Alabama By-Products Corp. v. … Reviewed by the Board. An order will be entered vacating our former judgment, and judgment will be entered under Rule 50.

Balestreri v. Commissioner

47 B.T.A. 241 · United States Board of Tax Appeals · Jun 30, 1942

See also United States Shipping Board Emergency Fleet Corporations. Greenwald, 16 Fed. (2d) 948, 950; Cain v. Alpha S. S. Corporation, 35 Fed. (2d) 717, 718; affd., 281 U. S. 642 ; The Oriskany, 3 Fed. … Beale, The Conflict of Laws, vol. 1, p. 254; Domes v. Board of Supervisors of Erie County, 243 N. Y. S. 640, 643; Commissioner v. Estate of W. M. L. Fiske, 128 Fed. (2d) 487.

Appleby v. Commissioner

31 B.T.A. 533 · United States Board of Tax Appeals · Nov 7, 1934

The failure of delivery was not enough to affect the certainty of loss, Denman v. Brumback, 58 Fed. (2d) 128; Hoffman v. Commissioner, 71 Fed. (2d) 929; John C. Shaffer, 28 B. T. A. 1294. While Charles H. Oshei, 31 B. … Reviewed by the Board. Judgment will be entered .wider Rule 50. Seawell and Adams dissent.

Shamokin Valley & P. R. Co. v. Commissioner

3 B.T.A. 604 · United States Board of Tax Appeals · Feb 8, 1926

Co. v. Commissioner Docket No. 4944. … As to so much of the tax resulting from the said inclusion as has been paid, to wit, $66.94, the Board has no jurisdiction.

Goodwin v. Commissioner

9 B.T.A. 1209 · United States Board of Tax Appeals · Jan 12, 1928

The burden rests upon petitioners to establish in what year the losses occurred, and where they have not supplied this testimony, the Board is unable to supply it for them. Cf. Avery v. … Fell v. Commissioner, 7 B. T. A. 263, and that petitioners are, therefore, entitled to deduct their losses in this transaction in the year 1920. Respondent’s action in denying a deduction of any loss arising from the M.

Bowman v. Commissioner

1 B.T.A. 60 · United States Board of Tax Appeals · Nov 14, 1924

Bowman v. Commissioner Docket No. 39. United States Board of Tax Appeals 1 B.T.A. 60 ; 1924 BTA LEXIS 259 ; November 14, 1924 , decided Submitted September 26, 1924 . *259 Paul G. Smith, Esq., for the taxpayers. … The Board determines that the deficiency, as determined by the Commissioner with respect to the income tax liability for the *260 year 1919 of J. W. Bowman, H. H. Bowman, and J. K.

Recreation Co. v. Commissioner

15 B.T.A. 757 · United States Board of Tax Appeals · Mar 11, 1929

RECREATION CO., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT. Recreation Co. v. Commissioner Docket No. 20928. … The obligation first became fixed in 1920, pursuant to the resolution of the board of directors.

Twin Falls Title & Abstract Co. v. Commissioner

1 B.T.A. 962 · United States Board of Tax Appeals · Apr 7, 1925

Twin Falls Title & Abstract Co. v. Commissioner Docket No. 1643. United States Board of Tax Appeals 1 B.T.A. 962 ; 1925 BTA LEXIS 2733 ; April 7, 1925 , decided Submitted March 25, 1925 . *2733 W. … From the petition and answer, the Board makes the following FINDINGS OF FACT. 1. The taxpayer is an Idaho corporation with its principal office at Twin Falls, Idaho.

Morse Signal Devices, Inc. v. Donahue

15 Ohio Misc. 126 · United States Board of Tax Appeals · Nov 15, 1967

Bucher et al., 87 Ohio App. 390 ; Randall Park Jockey Club, Inc. v. Peck, 162 Ohio St. 245 ; The Recording Devices, Inc. v. Bowers, 173 Ohio St. 469 ; The United States v. Moore, 95 U. S. 760 . … Safety Service Products Corp. v. Bowers, B. T. A. 46228 (1961); LeLand Van Camp and Melvin Utt d. b. a. Job-Time-John Corporation v. Schneider, B. T. A. 56434 (1965); Pla-Mor, Inc. v. Glander, 149 Ohio St. 295 .

Karges Hosiery Co. v. Commissioner

8 B.T.A. 767 · United States Board of Tax Appeals · Oct 11, 1927

KARGES HOSIERY CO., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT. Karges Hosiery Co. v. Commissioner Docket No. 11384. … In Appeal of The Buss Company, 2 B.T.A. 266 , the Board said at page 267: The sole purpose of inventory valuation is to reflect income as clearly as possible.

Shaffer v. Commissioner

12 B.T.A. 298 · United States Board of Tax Appeals · Jun 1, 1928

See Emery Bird Thayer Realty Co. v. United States, 237 U. S. 28 . … In the recent case of McCaughn v.

Saul v. Commissioner

4 B.T.A. 639 · United States Board of Tax Appeals · Jul 31, 1926

SAUL ET AL. 1 Saul v. Commissioner Docket Nos. 3244, 3245, 3652, 3736, 4224, 4826, 4907. … In the , the Board said: It seems to us to be fundamentally unsound to determine income tax liability by what might have taken place rather than by what actually occurred.

Indiana Lamp Corp. v. Commissioner

28 B.T.A. 491 · United States Board of Tax Appeals · Jun 22, 1933

In Kirby Lumber Co. v. United States, 284 U.S. 1 , the Supreme Court held that a corporation may realize profit from a transaction in its own bonds. … Wool-ford Realty Co. v. Rose, 286 U.S. 319 . Reviewed by the Board. Decision will be entered wider Rule 50. Smith and Murdock dissent.

Gibbs--Preyer Trust 1 v. Commissioner

39 B.T.A. 492 · United States Board of Tax Appeals · Feb 24, 1939

It has been held by the Board, on the authority of that case and its companions, 1 that, in determining whether the trust was created and maintained for such purpose, the powers granted in the trust instrument and not only … Atlas Petroleum Co. v. Cocklin, 59 Fed. (2d) 571; Ryder v. Faxon, 171 Mass. 206 ; 50 N. E. 681 ; Alexander v. Righter, 240 Pa. 22 ; 87 Atl. 427 .

Sloan v. Commissioner

24 B.T.A. 61 · United States Board of Tax Appeals · Sep 21, 1931

In support of this theory they rely on Blair v. Wilson Syndicate Trust, 39 Fed. (2d) 43; Lucas v. Extension Oil Co., 47 Fed. 65; Lansdowne Realty Trust, 50 Fed. (2d) 56; C. H. … Upon this principle the courts and this Board have uniformly held that a trust operating a business for profit is an association taxable as a corporation. Little Four Oil & Gas Co. v.

Herzberg v. Commissioner

12 B.T.A. 62 · United States Board of Tax Appeals · May 23, 1928

ABE HERZBERG, JR., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT. Herzberg v. Commissioner Docket No. 10194. … Since an overassessment was asserted for 1918, the Board has no jurisdiction to redetermine the tax liability of the petitioner for that year. . Judgment will be entered for the respondent.

Ames v. Commissioner

27 B.T.A. 624 · United States Board of Tax Appeals · Jan 31, 1933

A. 1007; Mich. v. Zucos, 37 Fed. (2d) 801. … Reviewed by the Board. Judgment will be entered under Bule 50.

Corbett & Stuart v. Commissioner

11 B.T.A. 540 · United States Board of Tax Appeals · Apr 12, 1928

CORBETT & STUART, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT. Corbett & Stuart v. Commissioner Docket No. 11855. … United States Board of Tax Appeals 11 B.T.A. 540 ; 1928 BTA LEXIS 3786 ; April 12, 1928 , Promulgated *3786 The invested capital of a corporation may not be reduced in determining the extent to which a dividend is paid from