Legal Opinion

Deltox Grass Rug Co. v. Commissioner

United States Board of Tax Appeals

Decided July 29, 1927No. Docket No. 6926Published

1. Special assessment allowed under section 328, as petitioner acquired a mixture of tangibles and intangibles, the respective values for which can not be determined, and as development costs over a long period of time were charged to expense and the accounting method used precludes the restoration of such costs to invested capital. 2. Where a petitioner, entitled to relief under section 328, introduces uncontroverted evidence showing the average tax of all corporations…

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1. Special assessment allowed under section 328, as petitioner acquired a mixture of tangibles and intangibles, the respective values for which can not be determined, and as development costs over a long period of time were charged to expense and the accounting method used precludes the restoration of such costs to invested capital. 2. Where a petitioner, entitled to relief under section 328, introduces uncontroverted evidence showing the average tax of all corporations engaged in the same business, the excess-profits tax should be computed at the rate fixed by the comparatives of record. 3.…

1Opinion of the Court

DELTOX GRASS RUG CO., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Deltox Grass Rug Co. v. Commissioner

Docket No. 6926.

United States Board of Tax Appeals

7 B.T.A. 811; 1927 BTA LEXIS 3097;

July 29, 1927, Promulgated

1. Special assessment allowed under section 328, as petitioner acquired a mixture of tangibles and intangibles, the respective values for which can not be determined, and as development costs over a long period of time were charged to expense and the accounting method used precludes the restoration of such costs to invested capital.

2. Where a petitioner, entitled to…

2Cases cited5 opinions

  1. Union Metal Mfg. Co. v. CommissionerUnited States Board of Tax Appeals · 1926
  2. Goodell-Pratt Co. v. CommissionerUnited States Board of Tax Appeals · 1925
  3. Deltox Grass Rug Co. v. CommissionerUnited States Board of Tax Appeals · 1927
  4. Appeal of American Seating Co.United States Board of Tax Appeals · 1926
  5. Oshkosh Grass Matting Co. v. Waite Grass Carpet Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1912

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