Legal Opinion

Marigold Garden Co. v. Commissioner

United States Board of Tax Appeals

Decided March 2, 1927No. Docket No. 1580PublishedCited by 5 opinions

1. Where the usefulness of business property is lost to a taxpayer through the operation of the prohibition law, and the property is neither abandoned nor sold but is placed in storage, the cost thereof is not deductible as a loss. 2. Earned surplus may not be reduced by the difference between the depreciation reserve shown on taxpayer's books and the amount of accumulated depreciation for prior years computed at a fixed percentage on a straight-line basis, where it is not…

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1. Where the usefulness of business property is lost to a taxpayer through the operation of the prohibition law, and the property is neither abandoned nor sold but is placed in storage, the cost thereof is not deductible as a loss. 2. Earned surplus may not be reduced by the difference between the depreciation reserve shown on taxpayer's books and the amount of accumulated depreciation for prior years computed at a fixed percentage on a straight-line basis, where it is not shown that the books do not reflect depreciation actually sustained or that the property had a value or was in a…

1Opinion of the Court

*370OPINION.

SteRNhagen :

The respondent concedes thnt his determination of net income included a duplicate disallowance of one item and hence that his determined net income should be reduced by $1,710.07, and also that his determined invested capital should be increased by $4,289,63. ‘

May the petitioner deduct as a loss the $1,710.-07 cost of glassware which prohibition made useless to it in its business but which it kept in storage? It was not abandoned,- for petitioner has it'in its exclusive possession, where, should' an occasion arise, it may call it into use. It was not sold, and it does not…

2Cited by5 opinions

  1. American Cigar Co. v. CommissionerUnited States Board of Tax Appeals · 1930
  2. Buckeye Producing Co. v. CommissionerUnited States Board of Tax Appeals · 1928
  3. Marigold Garden Co. v. CommissionerUnited States Board of Tax Appeals · 1927
  4. Moraine Hotel Co. v. CommissionerUnited States Board of Tax Appeals · 1929
  5. Morand Bros. v. CommissionerUnited States Board of Tax Appeals · 1927

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