Legal Opinion

Rubin v. Commissioner

United States Tax Court

Decided September 20, 1956No. Docket No. 45971PublishedCited by 4 opinions

1. Held, deductibility of certain claimed business deductions determined. 2. Held, where taxpayers had a net loss for 1945, their net operating loss carryover from the year 1944 must be applied against their net income for 1945 as adjusted under section 122 (d) of the Internal Revenue Code of 1939 before it may be carried over to the year 1946. 3. Held, taxpayers did not prove they had a net operating loss for the year 1947.

1Opinion of the Court

OPINION.

Tietjens, Judge:

The first issue in this case involves the propriety of the Commissioner’s disallowance of $2,329.52 in claimed business deductions for the year 1946 for lack of substantiation. The amount disallowed consisted of three items: Living expenses at the Herring Hotel in Amarillo, Texas, in the amount of $1,131.76; transportation expenses between Amarillo and Dallas, Texas, in the amount of $508.49; and “cash expenditures” in the amount of $689.27. Petitioners argue that these amounts represent ordinary and necessary expenses paid by them during the taxable year in carrying…

2Cases cited3 opinions

  1. North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
  2. Lazier v. United StatesCourt of Appeals for the Eighth Circuit · 1948
  3. Bowers v. CommissionerCourt of Appeals for the Second Circuit · 1935

3Cited by4 opinions

  1. Dave Rubin and Jennie Feldman Rubin v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1958
  2. HeapeUnited States Tax Court · 1992
  3. Rubin v. CommissionerUnited States Tax Court · 1959
  4. Rubin v. CommissionerUnited States Tax Court · 1956

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