Wilbur v. Commissioner
United States Tax Court
Pursuant to regulations section 1.162-12 a farmer has an option either to deduct or to capitalize so-called cultural practices expenditures; and the Commissioner admits that the farmer may elect to deduct some while at the same time capitalizing other such expenditures. 1. Held, that taxpayer-farmer who in fact deducted certain cultural practices expenditures on his 1958-60 returns may not be required to capitalize them merely because in electing to capitalize other such…
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Pursuant to regulations section 1.162-12 a farmer has an option either to deduct or to capitalize so-called cultural practices expenditures; and the Commissioner admits that the farmer may elect to deduct some while at the same time capitalizing other such expenditures. 1. Held, that taxpayer-farmer who in fact deducted certain cultural practices expenditures on his 1958-60 returns may not be required to capitalize them merely because in electing to capitalize other such expenditures in those years he erroneously thought he was capitalizing all such expenditures. 2. Held, taxpayer may not, by…
1Opinion of the Court
Estate of Richard R. Wilbur, Dorothy P. Wilbur and United California Bank, Coexecutors, and Dorothy P. Wilbur, Petitioners, v. Commissioner of Internal Revenue, Respondent
Wilbur v. Commissioner
Docket No. 1086-63
United States Tax Court
43 T.C. 322; 1964 U.S. Tax Ct. LEXIS 7;
December 16, 1964, Filed December 16, 1964, Filed
Decision will be entered under Rule 50.
Pursuant to regulations section 1.162-12 a farmer has an option either to deduct or to capitalize so-called cultural practices expenditures; and the Commissioner admits that the farmer may elect to deduct some while at the same time…
2Cases cited35 opinions
- Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
- Brewster v. GageSupreme Court of the United States · 1930
- Helvering v. WinmillSupreme Court of the United States · 1938
- Fawcus MacHine Co. v. United StatesSupreme Court of the United States · 1931
- Boske v. ComingoreSupreme Court of the United States · 1900
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