Legal Opinion

Terminal Wine Co. v. Commissioner

United States Board of Tax Appeals

Decided February 28, 1925No. Docket No. 55PublishedCited by 15 opinions

When the determination by the Commissioner to reject a claim for abatement of a tax theretofore assessed was made prior to the enactment of the Revenue Act of 1924, no appeal lies to this Board from such determination.

1Opinion of the Court

*701Opinion.

Koener:

This Board has heretofore held, in Garneau’s Appeal, 1 B. T. A. 75, that if, subsequent to June 2, 1924, the Commissioner determined that a deficiency was due, jurisdiction of an appeal from such determination is conferred on this Board by the Revenue Act of 1924; and that if the Commissioner so determined prior to that date, this Board is without such jurisdiction. Therein this Board declined to hold that an assessment constitutes per se a determination.

By its very definition and etymology the word “ determination ” irresistibly connotes consideration, resolution, conclusion,…

2Cited by15 opinions

  1. Howard S. Scar and Ethel M. Scar v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1987
  2. Ramon Portillo and Dolores Portillo v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1991
  3. Abrams v. CommissionerUnited States Tax Court · 1985
  4. Lehigh Portland Cement Co. v. United StatesUnited States Court of Claims · 1939
  5. Foundation Co. v. United StatesUnited States Court of Claims · 1936

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