Davis v. Commissioner
United States Tax Court
1. Petitioner carried on farming, livestock, and packing activities through the medium of four proprietorships in Mexico, Texas, Florida, and the Bahamas.
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1. Petitioner carried on farming, livestock, and packing activities through the medium of four proprietorships in Mexico, Texas, Florida, and the Bahamas. Held, two of the principal proprietorships constituted several and separate businesses and their losses cannot be aggregated in determining losses disallowable under section 130, I. R. C. 1939. 2. In 1949 petitioner and respondent agreed on deficiencies for the years 1944 and 1945 and signed Form 870-TS (Modified). In 1950, after the statute of limitations on assessment of deficiencies for 1944 and 1945 had run, petitioner filed refund…
1Opinion of the Court
OPINION.
Kern, Judge:
Three questions are presented by the instant case for our decision. All are questions of first impression. Two of them involve an interpretation of section 130, I. R. C. 1939. This we set out in the margin hereof, together with the pertinent parts of respondent’s regulations dealing therewith.2
Issue 1,
The first issue arises by reason of respondent’s determination that petitioner’s “agricultural activities [i. e., the activities of petitioner carried on by the proprietorships described in our findings] constitute one trade or business, and the losses * * * claimed to have…
2Cases cited12 opinions
- Botany Worsted Mills v. United StatesSupreme Court of the United States · 1929
- Stone v. WhiteSupreme Court of the United States · 1937
- Joyce v. GentschCourt of Appeals for the Sixth Circuit · 1944
- Guggenheim v. United StatesUnited States Court of Claims · 1948
- Helvering v. Brooklyn City R. Co.Court of Appeals for the Second Circuit · 1934
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Uinta Livestock Corporation, a Wyoming Corporation v. United StatesCourt of Appeals for the Tenth Circuit · 1966
- Girard v. GillCourt of Appeals for the Fourth Circuit · 1958
- Morris White Fashions, Inc. v. United StatesDistrict Court, S.D. New York · 1959
- C. H. Leavell & Co. v. CommissionerUnited States Tax Court · 1969
- Collins v. CommissionerUnited States Tax Court · 1960
12 more not listed; retrieve them via the Exa API.