Legal Opinion

C. H. Spitzner & Son, Inc. v. Commissioner

United States Board of Tax Appeals

Decided March 22, 1938No. Docket No. 80744Published

1. SECTION 104(b). - In determining whether accumulations are beyond the reasonable needs of a business, section 104(b), Revenue Act of 1932, sets up a practical rather than a theoretical test, and it is erroneous to compute a surplus based on cost of assets which are useful to the business only to the extent of their lower market value. 2. EVIDENCE, INTERESTED WITNESS. - Testimony of a witness that the corporation which took over the business and assets of a partnership of…

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1. SECTION 104(b). - In determining whether accumulations are beyond the reasonable needs of a business, section 104(b), Revenue Act of 1932, sets up a practical rather than a theoretical test, and it is erroneous to compute a surplus based on cost of assets which are useful to the business only to the extent of their lower market value. 2. EVIDENCE, INTERESTED WITNESS. - Testimony of a witness that the corporation which took over the business and assets of a partnership of which he was a member was formed in order to limit liability of the partners and to remove danger of liquidation of the…

1Opinion of the Court

C. H. SPITZNER & SON, INC., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

C. H. Spitzner & Son, Inc. v. Commissioner

Docket No. 80744.

United States Board of Tax Appeals

37 B.T.A. 511; 1938 BTA LEXIS 1025;

March 22, 1938, Promulgated

1. SECTION 104(b). - In determining whether accumulations are beyond the reasonable needs of a business, section 104(b), Revenue Act of 1932, sets up a practical rather than a theoretical test, and it is erroneous to compute a surplus based on cost of assets which are useful to the business only to the extent of their lower market value.

2. EVIDENCE,…

2Cases cited1 opinion

  1. C. H. Spitzner & Son, Inc. v. CommissionerUnited States Board of Tax Appeals · 1938

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