First Nat'l Bank v. Commissioner
United States Tax Court
Respondent made a final determination within the purview of section 3801, Internal Revenue Code, by allowance of petitioner's claim for refund for 1943 which asked deduction for that year of an item claimed and erroneously allowed for 1942. Respondent thereupon determined a deficiency for 1942 under section 3801 by disallowance for that year of the item in question.
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Respondent made a final determination within the purview of section 3801, Internal Revenue Code, by allowance of petitioner's claim for refund for 1943 which asked deduction for that year of an item claimed and erroneously allowed for 1942. Respondent thereupon determined a deficiency for 1942 under section 3801 by disallowance for that year of the item in question. Held, that in the adjustment for 1942 petitioner is not entitled to have reflected in the computation of net income a similar item of deduction allowed for 1941 which was not involved in the final determination made for 1943.
1Opinion of the Court
OPINION.
Bruce, Judge:
Respondent has determined a deficiency in income tax of $13,292.76 for the taxable year 1942. The facts are stipulated and are so found, but only so much of the detailed stipulation is hereinafter set out as is necessary to an understanding of the issue presented, which is the method of computation to be used in computing the deficiency by application of section 3801 of the Internal Revenue Code1 as applicable to the year 1942, which is such section prior to its amendment by the Revenue Act of 1944.
It appears that respondent issued a notice of deficiency on November 25,…
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- Bolten v. CommissionerUnited States Tax Court · 1990
- Robert S. Gill, Individually and as of the Estate of Sara Louise Gill, Deceased v. Commissioner of Internal Revenue, Robert S. Gill, Individually and as of the Estate of Sara Louise Gill, Deceased v. United StatesCourt of Appeals for the Fifth Circuit · 1962
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