Legal Opinion

Proctor Shop, Inc. v. Commissioner

United States Board of Tax Appeals

Decided May 16, 1934No. Docket Nos. 58909, 66268Published

1. Petitioner issued so-called "debenture preference stock" which is determined to be evidence of indebtedness rather than stock, and the payments made thereon at the rate of 6 percent per annum are held to be deductible as interest paid. 2. The evidence establishes that amounts equal to 2 3/4 percent of gross sales allowed by respondent as additions to reserve for bad debts are insufficient to cover actual bad debts, and that additions equal to 4 percent of gross sales as…

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1. Petitioner issued so-called "debenture preference stock" which is determined to be evidence of indebtedness rather than stock, and the payments made thereon at the rate of 6 percent per annum are held to be deductible as interest paid. 2. The evidence establishes that amounts equal to 2 3/4 percent of gross sales allowed by respondent as additions to reserve for bad debts are insufficient to cover actual bad debts, and that additions equal to 4 percent of gross sales as claimed by petitioner represent reasonable additions to the reserve.

1Opinion of the Court

THE PROCTOR SHOP, INCORPORATED, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Proctor Shop, Inc. v. Commissioner

Docket Nos. 58909, 66268.

United States Board of Tax Appeals

30 B.T.A. 721; 1934 BTA LEXIS 1278;

May 16, 1934, Promulgated

1. Petitioner issued so-called "debenture preference stock" which is determined to be evidence of indebtedness rather than stock, and the payments made thereon at the rate of 6 percent per annum are held to be deductible as interest paid.

2. The evidence establishes that amounts equal to 2 3/4 percent of gross sales allowed by respondent as additions to…

2Cases cited1 opinion

  1. Proctor Shop, Inc. v. CommissionerUnited States Board of Tax Appeals · 1934

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