Red Wing Potteries, Inc. v. Commissioner
United States Board of Tax Appeals
The taxpayer on the accrual basis was obligated under Minnesota law to pay certain state property taxes for the years 1929 to 1933, inclusive, although the property taxed was not then ascertained by proper returns filed; and the taxpayer thereafter paid these taxes in 1936. Held, that the taxes accrued in the prior years and are therefore not deductible in 1936; held, further, that the Board has no jurisdiction under sections 272(g) and 322(d) to determine an overpayment for…
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The taxpayer on the accrual basis was obligated under Minnesota law to pay certain state property taxes for the years 1929 to 1933, inclusive, although the property taxed was not then ascertained by proper returns filed; and the taxpayer thereafter paid these taxes in 1936. Held, that the taxes accrued in the prior years and are therefore not deductible in 1936; held, further, that the Board has no jurisdiction under sections 272(g) and 322(d) to determine an overpayment for a year not before it and apply it as a credit against the deficiency for the taxable year. Helmuth Heyl,34 B.T.A. 223,…
1Opinion of the Court
*842OPINION.
Keen :
Petitioner was on the accrual basis and the primary question is whether all the circumstances which fix its liability for the tax had occurred in a year before 1936, when the tax was paid and the deduction for it claimed. The alternative question of recoupment must wait our answer on this.
The tax was laid on money and credits held by the taxpayer and was paid for the years 1929 to 1933, inclusive. The facts indicate *843that petitioner had not made a full disclosure of its money and credits for these years; that it was urged to do so by a special state tax investigator on November…
2Cases cited8 opinions
- United States v. AndersonSupreme Court of the United States · 1926
- Bull v. United StatesSupreme Court of the United States · 1935
- United States Ex Rel. Girard Trust Co. v. HelveringSupreme Court of the United States · 1937
- County of Olmsted v. BarberSupreme Court of Minnesota · 1883
- State ex rel. Vossen v. EberhardSupreme Court of Minnesota · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Estate of Mueller v. Comm'rUnited States Tax Court · 1993
- Crawford v. CommissionerUnited States Tax Court · 1969
- Estate of Mueller v. Comm'rUnited States Tax Court · 1993
- Guy T. Gibson, Inc. v. CommissionerUnited States Board of Tax Appeals · 1942
- Red Wing Potteries, Inc. v. CommissionerUnited States Board of Tax Appeals · 1941
1 more not listed; retrieve them via the Exa API.