Davis & Andrews Co. v. Commissioner
United States Board of Tax Appeals
1. When any of the conditions specified in paragraphs (a), (c) and (d) of section 327 of the Revenue Act of 1918 have been found by the Commissioner to exist, his duty to compute the tax under section 328 is mandatory. 2. Section 302 of that Act, providing limitations on the amount of tax imposed by section 301, is controlling over sections 301 and 328; and if the tax computed under section 302 be less than the tax computed under section 328, the computation under section…
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1. When any of the conditions specified in paragraphs (a), (c) and (d) of section 327 of the Revenue Act of 1918 have been found by the Commissioner to exist, his duty to compute the tax under section 328 is mandatory. 2. Section 302 of that Act, providing limitations on the amount of tax imposed by section 301, is controlling over sections 301 and 328; and if the tax computed under section 302 be less than the tax computed under section 328, the computation under section 302 applies. 3. Where, for the three years prior to 1920, the Commissioner has found that the invested capital of a…
1Opinion of the Court
APPEAL OF EAVIS & ANDREWS CO.
Davis & Andrews Co. v. Commissioner
Docket No. 2691.
United States Board of Tax Appeals
2 B.T.A. 328; 1925 BTA LEXIS 2462;
July 11, 1925, Decided Submitted May 5, 1925.
1. When any of the conditions specified in paragraphs (a), (c) and (d) of section 327 of the Revenue Act of 1918 have been found by the Commissioner to exist, his duty to compute the tax under section 328 is mandatory.
2. Section 302 of that Act, providing limitations on the amount of tax imposed by section 301, is controlling over sections 301 and 328; and if the tax computed under section 302 be less…
2Cases cited1 opinion
- Davis & Andrews Co. v. CommissionerUnited States Board of Tax Appeals · 1925