Legal Opinion

Moraine Hotel Co. v. Commissioner

United States Board of Tax Appeals

Decided March 18, 1929No. Docket Nos. 13074, 22317, 26899Published

1. A reserve set up by the Commissioner in the amount of depreciation deductions claimed and allowed in prior years but not reflected in the books, held prima facie correct and the reserve affirmed where the evidence failed to establish that replacements and repairs, charged to expense, adequately offset depreciation sustained. 2. Special assessment denied upon the evidence.

1Opinion of the Court

MORAINE HOTEL CO., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Moraine Hotel Co. v. Commissioner

Docket Nos. 13074, 22317, 26899.

United States Board of Tax Appeals

15 B.T.A. 910; 1929 BTA LEXIS 2764;

March 18, 1929, Promulgated

1. A reserve set up by the Commissioner in the amount of depreciation deductions claimed and allowed in prior years but not reflected in the books, held prima facie correct and the reserve affirmed where the evidence failed to establish that replacements and repairs, charged to expense, adequately offset depreciation sustained.

2. Special assessment denied…

2Cases cited5 opinions

  1. Cleveland Home Brewing Co. v. CommissionerUnited States Board of Tax Appeals · 1924
  2. Marigold Garden Co. v. CommissionerUnited States Board of Tax Appeals · 1927
  3. Russell Milling Co. v. CommissionerUnited States Board of Tax Appeals · 1924
  4. City Nat'l Bank v. CommissionerUnited States Board of Tax Appeals · 1925
  5. Moraine Hotel Co. v. CommissionerUnited States Board of Tax Appeals · 1929

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