Legal Opinion
Commissioner of Internal Revenue v. Dwyer
Court of Appeals for the Second Circuit
Decided April 13, 1953No. 43, Docket 22267PublishedCited by 61 opinions
1Opinion of the Court
L. HAND, Circuit Judge.
The Commissioner appeals from an order of the Tax Court, expunging a deficiency that he had assessed against Dwyer, the taxpayer,, in his income tax for the year, 1946. The appeal turns upon whether Dwyer should be pllowed to deduct the amount of his opening inventory for the year under the following circumstances. He has operated a hotel and restaurant since 1932, in the course of which he sells alcoholic drinks at retail, so that the “sale of merchandise is an income-producing factor” in his business. 1 Although until 1946 he had always returned his income to the…
2Cases cited17 opinions
- Caldwell v. Commissioner of Internal Revenue. Commissioner of Internal Revenue v. CaldwellCourt of Appeals for the Second Circuit · 1953
- Ross v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1948
- Commissioner of Internal Revenue v. Mnookin's EstateCourt of Appeals for the Eighth Circuit · 1950
- Schmidlapp v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1938
- Commissioner of Internal Revenue v. SchuylerCourt of Appeals for the Second Circuit · 1952
12 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Seaboard Commercial Corp. v. CommissionerUnited States Tax Court · 1957
- Fruehauf Trailer Co. v. CommissionerUnited States Tax Court · 1964
- Pursell v. CommissionerUnited States Tax Court · 1962
- Josef C. Patchen and Aleyne E. Patchen v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1958
- Dearborn Gage Co. v. CommissionerUnited States Tax Court · 1967
56 more not listed; retrieve them via the Exa API.