Legal Opinion

Barrett Timber & Dunnage Corp. v. Commissioner

United States Tax Court

Decided October 18, 1957No. Docket No. 60565Published

Deduction -- Contribution -- Pension Trust -- Accruability -- Sec. 23 (p) (1), I. R. C. 1939. -- A taxpayer on an accrual basis is not entitled to deduct a contribution to a pension fund where the record fails to show that it was an accruable liability for the taxable year, even though it was paid within 60 days following the close of that year.

1Opinion of the Court

Barrett Timber and Dunnage Corporation, Petitioner, v. Commissioner of Internal Revenue, Respondent

Barrett Timber & Dunnage Corp. v. Commissioner

Docket No. 60565

United States Tax Court

29 T.C. 76; 1957 U.S. Tax Ct. LEXIS 61;

October 18, 1957, Filed

Decision will be entered for the respondent.

Deduction -- Contribution -- Pension Trust -- Accruability -- Sec. 23 (p) (1), I. R. C. 1939. -- A taxpayer on an accrual basis is not entitled to deduct a contribution to a pension fund where the record fails to show that it was an accruable liability for the taxable year, even though it was paid within 60…

2Cases cited4 opinions

  1. United States v. AndersonSupreme Court of the United States · 1926
  2. Tallman Tool & Machine Corp. v. CommissionerUnited States Tax Court · 1956
  3. Barrett Timber & Dunnage Corp. v. CommissionerUnited States Tax Court · 1957
  4. Dejay Stores v. RyanCourt of Appeals for the Second Circuit · 1956

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