Legal Opinion

General Lead Batteries Co. v. Commissioner

United States Board of Tax Appeals

Decided September 7, 1925No. Docket No. 718Published

Evidence held insufficient to prove the claimed value of patents transferred to the taxpayer for its capital stock upon organization. Where the Commissioner by his answer alleges an affirmative defense, the burden is upon him to prove the facts alleged.

1Opinion of the Court

APPEAL OF GENERAL LEAD BATTERIES CO.

General Lead Batteries Co. v. Commissioner

Docket No. 718.

United States Board of Tax Appeals

2 B.T.A. 392; 1925 BTA LEXIS 2388;

September 7, 1925, Decided Submitted May 6, 1925.

Evidence held insufficient to prove the claimed value of patents transferred to the taxpayer for its capital stock upon organization.

Where the Commissioner by his answer alleges an affirmative defense, the burden is upon him to prove the facts alleged.

A. L. Hopkins, Jay C. Halls, and R. S. Doyle, Esqs., for the taxpayer.

John D. Foley and J. Harry Byrne, Esqs., for the Commissioner.

IVINS

B…

2Cases cited1 opinion

  1. General Lead Batteries Co. v. CommissionerUnited States Board of Tax Appeals · 1925

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