Hatchadorian v. Lindley

I

We first consider whether the commissioner improperly excluded certain items of the taxpayer’s personal property in the valuation certificates for the 1981 and 1982 tax return years. The BTA rejected the auditor’s challenge to the commissioner’s exclusion of the “construction work in progress” account and that portion of the taxpayer’s “materials and supplies” account which includes engineering and contractual services. The record supports, and we agree with, the factual and legal findings of both the commissioner and the BTA that this property was not “used in business” within the meaning…