Legal Opinion
Commissioner of Internal Rev. v. John Thatcher & Son
Court of Appeals for the Second Circuit
Decided April 8, 1935No. 270PublishedCited by 14 opinions
1Opinion of the Court
SWAN, Circuit Judge.
The taxpayer is a New York corporation engaged in the building construction business. For the year 1928 the Commissioner disallowed a deduction claimed by the taxpayer, and assessed a deficiency tax. Had the deduction been allowed, the taxpayer would have sustained a net loss for 1928 which could have been deducted in computing the net income for 1929; consequently the tax for that year was also affected. Upon the taxpayer’s appeal to the Board, the deduction was held allowable in the year 1928. By this proceeding the Commissioner seeks a reversal of that decision.
The…
2Cases cited11 opinions
- Lucas v. American Code Co.Supreme Court of the United States · 1930
- Burnet v. Sanford & Brooks Co.Supreme Court of the United States · 1931
- United States v. LudeySupreme Court of the United States · 1927
- Burnet v. HuffSupreme Court of the United States · 1933
- Darling v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1931
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States v. Felix Benitez RexachCourt of Appeals for the First Circuit · 1973
- H. Liebes & Co. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1937
- National Contracting Co. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1939
- Boehm v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1945
- H. D. Lee Mercantile Co. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1935
9 more not listed; retrieve them via the Exa API.