Legal Opinion

Hotel De Soto Co. v. Commissioner

United States Tax Court

Decided April 25, 1945No. Docket No. 3215Unpublished

1. The Commissioner determined deficiencies in petitioner's income tax and declared value excess profits tax for each of the years 1939 and 1940. These deficiencies were due to the Commissioner's disallowance of certain portions of the deductions for depreciation which petitioner had claimed on its return for each of the taxable years. Petitioner has failed to show by any evidence that the determination of the Commissioner is erroneous.

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1. The Commissioner determined deficiencies in petitioner's income tax and declared value excess profits tax for each of the years 1939 and 1940. These deficiencies were due to the Commissioner's disallowance of certain portions of the deductions for depreciation which petitioner had claimed on its return for each of the taxable years. Petitioner has failed to show by any evidence that the determination of the Commissioner is erroneous. Held, the determination of the Commissioner is presumed to be correct and must be sustained for the lack of any evidence to show that it is error. 2.…

1Opinion of the Court

Hotel De Soto Company v. Commissioner.

Hotel De Soto Co. v. Commissioner

Docket No. 3215.

United States Tax Court

1945 Tax Ct. Memo LEXIS 218; 4 T.C.M. (CCH) 434; T.C.M. (RIA) 45146;

April 25, 1945

1. The Commissioner determined deficiencies in petitioner's income tax and declared value excess profits tax for each of the years 1939 and 1940. These deficiencies were due to the Commissioner's disallowance of certain portions of the deductions for depreciation which petitioner had claimed on its return for each of the taxable years. Petitioner has failed to show by any evidence that the determination…

2Cases cited7 opinions

  1. Helvering v. Lerner Stores Corp.Supreme Court of the United States · 1941
  2. Scaife Co. v. CommissionerSupreme Court of the United States · 1941
  3. Second Carey Trust v. CommissionerUnited States Board of Tax Appeals · 1940
  4. 719 Fifth Ave. Co. v. CommissionerUnited States Board of Tax Appeals · 1926
  5. William B. Scaife & Sons Co. v. CommissionerUnited States Board of Tax Appeals · 1940

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