Legal Opinion

Stryker v. Commissioner

United States Board of Tax Appeals

Decided July 13, 1937No. Docket No. 82516PublishedCited by 8 opinions

A taxpayer keeping no regular books of account must report on a calendar year basis. Sec. 41, Revenue Act 1932. Informal records are not "books" within the meaning of that term as used in section 41.

1Opinion of the Court

*327OPINION.

Murdock:

The petitioner and two others entered into a partnership on February 1, 1931. The partnership was known as the First Rational Institute of Violin. The partnership opened and regularly kept a set of books of account on the basis of a fiscal year ending January 31. The books of a partnership are not for income tax purposes the books of the individual taxpayers making up the partnership. Fred B. Drake, 1 B. T. A. 1235. The petitioner reported his income on the cash receipts and disbursements calendar year basis. His only records were check stubs, rent receipts, and dividend…

2Cited by8 opinions

  1. Robert S. Gill, Individually and as of the Estate of Sarah Louise Gill, and Robert S. Gill v. United StatesCourt of Appeals for the Fifth Circuit · 1958
  2. Maclean v. CommissionerUnited States Tax Court · 1980
  3. Curtis v. CommissionerUnited States Board of Tax Appeals · 1937
  4. Domenic DeFranco v. CommissionerUnited States Tax Court · 1950
  5. Maclean v. CommissionerUnited States Tax Court · 1980

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