Estate of Biewer v. Commissioner
United States Tax Court
Decedent conducted a mercantile business involving the use of inventories and filed his returns (including his last return for the taxable period January 1, 1956, to June 26, 1956) on a cash basis of accounting. The estate (petitioner) filed its first return (June 26, 1956, to December 31, 1956) on a cash basis, but respondent changed it to an accrual method of accounting as more clearly reflecting income and recomputed the estate's income on that basis.
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Decedent conducted a mercantile business involving the use of inventories and filed his returns (including his last return for the taxable period January 1, 1956, to June 26, 1956) on a cash basis of accounting. The estate (petitioner) filed its first return (June 26, 1956, to December 31, 1956) on a cash basis, but respondent changed it to an accrual method of accounting as more clearly reflecting income and recomputed the estate's income on that basis. Respondent also included in the estate's income for its first taxable period the amount of $ 336,331.33, which represented collections made…
1Opinion of the Court
OPINION
Mulroney, Judge:
The respondent determined a deficiency in income tax of the estate of John A. Biewer, for the taxable period June 26, 1956, through December 31, 1956, in the amount of $31,512.27.
The deficiency results from respondent’s changing petitioner’s accounting method from the cash receipts and disbursement method to the accrual method and requiring petitioner to include in income, sums collected during the period in issue originating from sales made by decedent in years prior to his death.
Petitioner claims an overpayment for the taxable period June 26, 1956, through December…
2Cases cited5 opinions
- Pursell v. CommissionerUnited States Tax Court · 1962
- Ezo Products Co. v. CommissionerUnited States Tax Court · 1961
- Herbert's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1943
- Falk v. CommissionerUnited States Tax Court · 1962
- United States v. M. A. Lindner and Erma Lindner, His Wife, and W. A. Wood and Arrah Wood, His WifeCourt of Appeals for the Tenth Circuit · 1962
3Cited by17 opinions
- Dearborn Gage Co. v. CommissionerUnited States Tax Court · 1967
- Cox v. CommissionerUnited States Tax Court · 1965
- H. F. Campbell Co. v. CommissionerUnited States Tax Court · 1969
- Thomas v. CommissionerUnited States Tax Court · 1989
- Hazel M. Biewer, Administratrix of the Estate of John A. Biewer, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1965
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