Messer Oil Corp. v. Commissioner
United States Tax Court
Property taxes on petitioner's property for the year 1951 were levied in December 1950. The taxes were not a lien on the property in 1950 nor did petitioner become personally liable therefor in 1950. Petitioner, an accrual basis taxpayer, accrued and deducted the taxes in the taxable (calendar) year 1950. Respondent disallowed the deduction, determining the taxes did not accrue until the lien attached in 1951. He allowed a deduction in 1951 for the 1951 taxes.
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Property taxes on petitioner's property for the year 1951 were levied in December 1950. The taxes were not a lien on the property in 1950 nor did petitioner become personally liable therefor in 1950. Petitioner, an accrual basis taxpayer, accrued and deducted the taxes in the taxable (calendar) year 1950. Respondent disallowed the deduction, determining the taxes did not accrue until the lien attached in 1951. He allowed a deduction in 1951 for the 1951 taxes. Held, respondent upheld. The taxes in question did not accrue in 1950 since they were not imposed for that year, they did not become a…
1Opinion of the Court
Messer Oil Corporation, Petitioner, v. Commissioner of Internal Revenue, Respondent
Messer Oil Corp. v. Commissioner
Docket No. 57706
United States Tax Court
28 T.C. 1082; 1957 U.S. Tax Ct. LEXIS 98;
August 30, 1957, Filed
Decision will be entered for the respondent.
Property taxes on petitioner's property for the year 1951 were levied in December 1950. The taxes were not a lien on the property in 1950 nor did petitioner become personally liable therefor in 1950. Petitioner, an accrual basis taxpayer, accrued and deducted the taxes in the taxable (calendar) year 1950. Respondent disallowed the…
2Cases cited3 opinions
- Keil Properties, Inc. v. CommissionerUnited States Tax Court · 1955
- Scio Oil & Gas Co. v. CommissionerUnited States Tax Court · 1957
- Messer Oil Corp. v. CommissionerUnited States Tax Court · 1957