Elmore Milling Co. v. Commissioner
United States Board of Tax Appeals
1. DEPRECIATION ALLOWANCE - BURDEN OF PROOF. - Where the taxpayer has claimed certain deductions for depreciation on its income tax returns for the respective taxable years and the Commissioner has allowed these deductions in part and disallowed them in part, and the taxpayer appeals and assigns this action of the Commissioner as error, the burden of proof is on petitioner to show that the action of the Commissioner was wrong and, if so, what the correct base, rates and…
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1. DEPRECIATION ALLOWANCE - BURDEN OF PROOF. - Where the taxpayer has claimed certain deductions for depreciation on its income tax returns for the respective taxable years and the Commissioner has allowed these deductions in part and disallowed them in part, and the taxpayer appeals and assigns this action of the Commissioner as error, the burden of proof is on petitioner to show that the action of the Commissioner was wrong and, if so, what the correct base, rates and amounts should be. Reinecke v. Spalding,280 U.S. 227. 2. DEPRECIATION - BASIS - PROPERTY ACQUIRED FROM PETITIONER'S…
1Opinion of the Court
ELMORE MILLING COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Elmore Milling Co. v. Commissioner
Docket Nos. 46768, 52972.
United States Board of Tax Appeals
27 B.T.A. 84; 1932 BTA LEXIS 1129;
November 16, 1932, Promulgated
1. DEPRECIATION ALLOWANCE - BURDEN OF PROOF. - Where the taxpayer has claimed certain deductions for depreciation on its income tax returns for the respective taxable years and the Commissioner has allowed these deductions in part and disallowed them in part, and the taxpayer appeals and assigns this action of the Commissioner as error, the burden of proof…
2Cases cited2 opinions
- Reinecke v. SpaldingSupreme Court of the United States · 1930
- Elmore Milling Co. v. CommissionerUnited States Board of Tax Appeals · 1932