Wilbur v. Commissioner
United States Tax Court
Pursuant to regulations section 1.162-12 a farmer has an option either to deduct or to capitalize so-called cultural practices expenditures; and the Commissioner admits that the farmer may elect to deduct some while at the same time capitalizing other such expenditures. 1. Held, that taxpayer-farmer who in fact deducted certain cultural practices expenditures on his 1958-60 returns may not be required to capitalize them merely because in electing to capitalize other such…
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Pursuant to regulations section 1.162-12 a farmer has an option either to deduct or to capitalize so-called cultural practices expenditures; and the Commissioner admits that the farmer may elect to deduct some while at the same time capitalizing other such expenditures. 1. Held, that taxpayer-farmer who in fact deducted certain cultural practices expenditures on his 1958-60 returns may not be required to capitalize them merely because in electing to capitalize other such expenditures in those years he erroneously thought he was capitalizing all such expenditures. 2. Held, taxpayer may not, by…
1Opinion of the Court
OPINION
Raum, Judge:
The Commissioner determined income tax deficiencies and additions thereto in the aggregate amount of $262,552.07 for the years 1954, 1955, 1956, 1959, and 1960. The parties have reached agreement as to all issues except those involving certain farming expenses referred to as “cultural practices expenditures.” These remaining issues affect only the deficiencies for the years 1956,1959, and 1960, but the year 1958 appears to be involved also by reason of a possible carryover. The facts have been stipulated.
Richard R. Wilbur resided with his wife Dorothy during the tax years…
2Cases cited33 opinions
- Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
- Brewster v. GageSupreme Court of the United States · 1930
- Helvering v. WinmillSupreme Court of the United States · 1938
- Fawcus MacHine Co. v. United StatesSupreme Court of the United States · 1931
- Boske v. ComingoreSupreme Court of the United States · 1900
28 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Buhler Mortg. Co. v. CommissionerUnited States Tax Court · 1969
- Estate of Stamos v. CommissionerUnited States Tax Court · 1970
- Grynberg v. CommissionerUnited States Tax Court · 1984
- Marshall v. CommissionerUnited States Tax Court · 1973
- Robert L. And Dorothy G. Maple v. Commissioner of Internal Revenue, William M. And Eleanor A. Smith v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1971
26 more not listed; retrieve them via the Exa API.