Legal Opinion
J. H. Martinus & Sons v. Commissioner
Court of Appeals for the Ninth Circuit
Decided December 31, 1940No. 9578PublishedCited by 4 opinions
1Opinion of the Court
HEALY, Circuit Judge.
Petition to review a decision of the Board of Tax Appeals sustaining the assessment of a deficiency in income taxes paid for the year 1935. The question presented is whether the taxpayer may deduct as a business expense salaries authorized but not paid during the tax year, where the return was prepared on the cash basis.
The taxpayer is a small family corporation engaged in farming. The officers and principal stockholders, members of the Martinus family, give their full time to the business. At a meeting of the directors and stockholders held during 1935 salaries of $3,400…
2Cases cited2 opinions
- Massachusetts Mutual Life Insurance v. United StatesSupreme Court of the United States · 1933
- Sanford Corporation v. Commissioner of Internal Rev.Court of Appeals for the Third Circuit · 1939
3Cited by4 opinions
- Wm. J. Lemp Brewing Co. v. CommissionerUnited States Tax Court · 1952
- Anne K. Heublein and Gilbert W. Heublein v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1956
- Wm. J. Lemp Brewing Co. v. CommissionerUnited States Tax Court · 1952
- Wm. J. Lemp Brewing Co. v. CommissionerUnited States Tax Court · 1952