Legal Opinion

Badger Lumber Co. v. Commissioner

United States Board of Tax Appeals

Decided May 20, 1931No. Docket No. 25117PublishedCited by 4 opinions

Dividends on preferred stock declarable out of net earnings only may not be regarded as interest on borrowed funds.

1Opinion of the Court

OPINION.

Lansdon:

The respondent has determined a deficiency in income tax for the fiscal year ended April 30, 1923, in the amount of $8,560.52, and overassessments for the fiscal years ended April 30, 1924 and 1925, in the respective amounts of $27.36 and $1,655.81. At the hearing the parties agreed that this Board has no jurisdiction as to the overassessments determined by the respondent as above set out. On the authority of Cornelius Cotton Mills, 4 B. T. A. 255, the petition as to such years is dismissed. The petitioner alleges five errors of the respondent in computing its tax liability…

2Cases cited1 opinion

  1. Armstrong v. Union Trust & Savings BankCourt of Appeals for the Ninth Circuit · 1918

3Cited by4 opinions

  1. Proctor Shop, Inc. v. CommissionerUnited States Board of Tax Appeals · 1934
  2. Badger Lumber Co. v. CommissionerUnited States Board of Tax Appeals · 1931
  3. Bakers' Mut. Co-operative Asso. v. CommissionerUnited States Board of Tax Appeals · 1939
  4. Proctor Shop, Inc. v. CommissionerUnited States Board of Tax Appeals · 1934

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