St. Louis Nat'l Baseball Club v. Commissioner
United States Board of Tax Appeals
The petitioner and the Syracuse Baseball Club were not affiliated from January 1 to July 3, 1922, but were affiliated from July 3 to December 31, 1922. The corporations filed separate income-tax returns for the calendar year 1922 but a consolidated return for 1923 without in any wise requesting the Commissioner for permission to change the basis for the filing of returns. Held, that the tax liability for 1923 should be computed upon the basis of the consolidated return filed.
1Opinion of the Court
*1193OPINION.
Smith:
Although the petitioner has appealed to this Board from deficiencies in income tax for both 1922 and 1923, it has assigned no errors with respect to the determination of a deficiency in income tax for 1922. In Belvidere Lumber Co., 6 B. T. A. 84, we held that a corporation filing a separate return for 1922 may not subsequently file a consolidated return for that year. The deficiency determined for 1922 is therefore sustained.
The petitioner and the Syracuse Baseball Club filed separate income-tax returns for 1922, although affiliated within the meaning of section 240(c) of the…
2Cited by2 opinions
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- St. Louis Nat'l Baseball Club v. CommissionerUnited States Board of Tax Appeals · 1929