Legal Opinion

Coward v. Commissioner

United States Board of Tax Appeals

Decided May 31, 1939No. Docket No. 87465Published

1. Petitioner may deduct, from her 1934 gross income, New Jersey real estate taxes for 1934 paid by her on properties purchased October 16, 1933, and December 8, 1933, respectively. 2. While Compiled Statutes of New Jersey, sec. 208-66d (302), directed that assessments for 1934 should be made October 1, 1933, in the name of the owner of real property on that date, the 1934 taxes on real estate did not "accrue" in 1933 but in 1934 when all the events determining the liability…

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1. Petitioner may deduct, from her 1934 gross income, New Jersey real estate taxes for 1934 paid by her on properties purchased October 16, 1933, and December 8, 1933, respectively. 2. While Compiled Statutes of New Jersey, sec. 208-66d (302), directed that assessments for 1934 should be made October 1, 1933, in the name of the owner of real property on that date, the 1934 taxes on real estate did not "accrue" in 1933 but in 1934 when all the events determining the liability became fixed and certain; hence the taxes paid by petitioner were her own and not those of the prior owner of the…

1Opinion of the Court

MINNIE M. COWARD, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Coward v. Commissioner

Docket No. 87465.

United States Board of Tax Appeals

39 B.T.A. 1158; 1939 BTA LEXIS 920;

May 31, 1939, Promulgated

1. Petitioner may deduct, from her 1934 gross income, New Jersey real estate taxes for 1934 paid by her on properties purchased October 16, 1933, and December 8, 1933, respectively.

2. While Compiled Statutes of New Jersey, sec. 208-66d (302), directed that assessments for 1934 should be made October 1, 1933, in the name of the owner of real property on that date, the 1934 taxes on real…

2Cases cited13 opinions

  1. United States v. AndersonSupreme Court of the United States · 1926
  2. Manhattan General Equipment Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
  3. Mayor & Aldermen of Jersey City v. Township of MontvilleSupreme Court of New Jersey · 1913
  4. Leamington Hotel Co. v. CommissionerUnited States Board of Tax Appeals · 1932
  5. Texas Coca-Cola Bottling Co. v. CommissionerUnited States Board of Tax Appeals · 1934

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