Automobile Club of New York, Inc. v. Commissioner
United States Tax Court
1. Petitioner's members paid their annual membership fees in advance. In reporting such fees petitioner, on an accrual basis, included in income only one-twelfth of each fee for each month of the year, thus leaving unreported for any given taxable year the portion of the fee allocable to the period of membership in the following taxable year, which, however, was reported in the following taxable year.
Read the full summary
1. Petitioner's members paid their annual membership fees in advance. In reporting such fees petitioner, on an accrual basis, included in income only one-twelfth of each fee for each month of the year, thus leaving unreported for any given taxable year the portion of the fee allocable to the period of membership in the following taxable year, which, however, was reported in the following taxable year. Held, the Commissioner properly required petitioner to report as income all the fees received during the taxable year. 2. Held, the Commissioner correctly required petitioner to report as income…
1Opinion of the Court
OPINION.
Kaum, Judge:
The parties have filed a stipulation of facts which is hereby adopted as our findings. Petitioner, a New York corporation having its principal office in New York City, filed its income and excess profits tax returns here involved with the then collector of internal revenue for the third district of New York. It was incorporated on April 26, 1934, under the Membership Corporation Law of the State of New York; it functions as an “automobile club” which provides emergency road service, travel assistance, personal accident policies, bail bonds, and other similar and related…
2Cases cited32 opinions
- United States v. AndersonSupreme Court of the United States · 1926
- Automobile Club of Mich. v. CommissionerSupreme Court of the United States · 1957
- Lucas v. American Code Co.Supreme Court of the United States · 1930
- Old Colony Railroad v. CommissionerSupreme Court of the United States · 1932
- Brown v. HelveringSupreme Court of the United States · 1934
27 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Golsen v. CommissionerUnited States Tax Court · 1970
- Mooney Aircraft, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1970
- Hagen Advertising Displays, Inc. v. CommissionerUnited States Tax Court · 1966
- Johnson v. CommissionerUnited States Tax Court · 1997
- S. Garber, Inc. v. CommissionerUnited States Tax Court · 1969
52 more not listed; retrieve them via the Exa API.