S. E. & M. E. Bernheimer Co. v. Commissioner
United States Board of Tax Appeals
1. Taxes due and payable October 1, had been officially fixed and bill therefor sent to taxpayer in March. The statute provided that the October payment might be anticipated and that no lien therefor attached prior to October 1. Taxpayer, keeping its books on the accrual basis, accrued the taxes prior to October, and claimed deduction as taxes accrued for the period ended September 30. Held, taxpayer was entitled to deduct such taxes in the period stated.
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1. Taxes due and payable October 1, had been officially fixed and bill therefor sent to taxpayer in March. The statute provided that the October payment might be anticipated and that no lien therefor attached prior to October 1. Taxpayer, keeping its books on the accrual basis, accrued the taxes prior to October, and claimed deduction as taxes accrued for the period ended September 30. Held, taxpayer was entitled to deduct such taxes in the period stated. United States v. Anderson,269 U.S. 422. 2. Where, under the above statutes, taxpayer paid taxes in advance of due date (October 1) and…
1Opinion of the Court
*251OPINION.
Van Foss an :
The statutory provisions covering the liability for the payment of real estate taxes in New York City here involved, as set forth in chapter 17 of the Charter of the City of New York, as *252amended by the Laws of New York, 1935, chapter 713, appear below.1
The first issue in the case is whether certain taxes on real estate owned by the petitioner and situated in New York City are properly accruable on October 1,1935, as asserted by the respondent, or within the petitioner’s fiscal year which ended on September 30, 1935, as contended by the petitioner.
The Board has held in…
2Cases cited1 opinion
- United States v. AndersonSupreme Court of the United States · 1926
3Cited by7 opinions
- Commissioner of Internal Revenue v. RoyCourt of Appeals for the Second Circuit · 1945
- Carondelet Bldg. Co. v. FontenotCourt of Appeals for the Fifth Circuit · 1940
- COMMISSIONER OF INTERNAL REVENUE v. Adda, Inc.Court of Appeals for the Second Circuit · 1949
- Helvering v. S. E. & M. E. Bernheimer Co.Court of Appeals for the Second Circuit · 1941
- Post Office Square Co. v. United StatesDistrict Court, D. Massachusetts · 1961
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