Legal Opinion

Citizens Hotel Co. v. Commissioner

United States Board of Tax Appeals

Decided May 21, 1941No. Docket No. 100000Published

Held, that the date of tax incidence in Texas is January 1, and petitioner, on the accrual basis, is required to accrue its entire city and county taxes on real and personal property in that state during its taxable year, which includes January 1, and may not accrue eleven-twelfths thereof in a taxable period beginning the following February 1, to which period change was permitted to be made.

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Held, that the date of tax incidence in Texas is January 1, and petitioner, on the accrual basis, is required to accrue its entire city and county taxes on real and personal property in that state during its taxable year, which includes January 1, and may not accrue eleven-twelfths thereof in a taxable period beginning the following February 1, to which period change was permitted to be made. Texas Coca-Cola Bottling Co.,30 B.T.A. 736; American Liberty Oil Co.,43 B.T.A. 76, followed.

1Opinion of the Court

CITIZENS HOTEL COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Citizens Hotel Co. v. Commissioner

Docket No. 100000.

United States Board of Tax Appeals

44 B.T.A. 560; 1941 BTA LEXIS 1315;

May 21, 1941, Promulgated

Held, that the date of tax incidence in Texas is January 1, and petitioner, on the accrual basis, is required to accrue its entire city and county taxes on real and personal property in that state during its taxable year, which includes January 1, and may not accrue eleven-twelfths thereof in a taxable period beginning the following February 1, to which period change…

2Cases cited7 opinions

  1. Childress County v. StateTexas Supreme Court · 1936
  2. State of Texas v. FarmerTexas Supreme Court · 1900
  3. Cadena v. State Ex Rel. LeslieCourt of Appeals of Texas · 1916
  4. Texas Coca-Cola Bottling Co. v. CommissionerUnited States Board of Tax Appeals · 1934
  5. New Orleans Cold Storage & Warehouse Co. v. CommissionerUnited States Board of Tax Appeals · 1939

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