Legal Opinion

Nebraska Bridge Supply & Lumber Co. v. Commissioner

United States Board of Tax Appeals

Decided June 7, 1939No. Docket No. 90846PublishedCited by 5 opinions

Lands owned by petitioner in two counties in Arkansas were sold to the state for taxes at a regular tax sale in 1932. State law required county clerk to make out certificate of sale to state for all lands purchased by it and provided that title to lands embraced in certificate should vest in the state upon its being recorded in the recorder's office. In 1934, the county clerk of one county executed certificate of sale to state covering lands in that county.

Read the full summary

Lands owned by petitioner in two counties in Arkansas were sold to the state for taxes at a regular tax sale in 1932. State law required county clerk to make out certificate of sale to state for all lands purchased by it and provided that title to lands embraced in certificate should vest in the state upon its being recorded in the recorder's office. In 1934, the county clerk of one county executed certificate of sale to state covering lands in that county. The certificate covering the lands in the other county was not executed until 1935. Held: (1) The loss of petitioner's lands resulted…

1Opinion of the Court

OPINION.

Mellott:

The Commissioner made several adjustments to the net income shown by petitioner upon its return for the calendar year 1934 and determined a deficiency of $5,298.90 in its income tax and a deficiency of $1,775.51 in its excess profits tax for that year. Several of the adjustments are conceded by the petitioner to be correct. One allegation of error contained in the petition was abandoned. The proceeding was submitted upon a stipulation of facts, the error charged being the disallowance by the Commissioner of “Loss on land due to tax sale $36,722.25.”

Petitioner, a Nebraska…

2Cases cited7 opinions

  1. United States v. S. S. White Dental Manufacturing Co.Supreme Court of the United States · 1927
  2. Brasch v. MumeySupreme Court of Arkansas · 1911
  3. Kelley v. Laconia Levee DistrictSupreme Court of Arkansas · 1905
  4. Walker v. FergusonSupreme Court of Arkansas · 1928
  5. Leigh v. TrippeSupreme Court of Arkansas · 1909

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Helvering v. Rebsamen Motors, Inc.Court of Appeals for the Eighth Circuit · 1942
  2. Helvering v. Nebraska Bridge Supply & Lumber Co.Court of Appeals for the Eighth Circuit · 1940
  3. Commissioner v. CogganCourt of Appeals for the First Circuit · 1941
  4. Helvering v. Rebsamen Motors, Inc.Court of Appeals for the Eighth Circuit · 1942
  5. Nebraska Bridge Supply & Lumber Co. v. CommissionerUnited States Board of Tax Appeals · 1939

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API