Legal Opinion

George Ringler & Co. v. Commissioner

United States Board of Tax Appeals

Decided March 1, 1928No. Docket No. 8565PublishedCited by 6 opinions

1. Commissioner's adjustment of depreciation claimed on beer kegs, and on machinery and equipment in unit of brewery discontinued in 1918, sustained for lack of proof that errors were committed. 2. Amounts paid to employees during Christmas season for additional services rendered, allowed as deduction from gross income. 3. Sum paid Lager Beer Board of Trade held to be an ordinary and necessary business expense. 4. The evidence is insufficient to prove loss on fixtures. 5.…

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1. Commissioner's adjustment of depreciation claimed on beer kegs, and on machinery and equipment in unit of brewery discontinued in 1918, sustained for lack of proof that errors were committed. 2. Amounts paid to employees during Christmas season for additional services rendered, allowed as deduction from gross income. 3. Sum paid Lager Beer Board of Trade held to be an ordinary and necessary business expense. 4. The evidence is insufficient to prove loss on fixtures. 5. Petitioner's inventory valued.

1Opinion of the Court

*1136OPINION.

ARijndbll:

Of the amount claimed in 1918 as depreciation on empty beer kegs the respondent allowed $6,498.06, leaving in question here the sum of $10,406.85. Although the deduction was claimed as depreciation, the evidence indicates an attempt to prove an inventory loss rather than depreciation. Petitioner sought to sustain its allegation of error by proving the value of the opening and closing inventories for the year and a showing of how the loss during the year' occurred. Its witness admitted that without the corporate books, which were not produced, he could not even approximate…

2Cited by6 opinions

  1. Flax v. Tesorero de Puerto RicoSupreme Court of Puerto Rico · 1954
  2. Wilson v. CommissionerUnited States Tax Court · 1943
  3. Burroughs Bldg. Material Co. v. CommissionerUnited States Board of Tax Appeals · 1929
  4. George Ringler & Co. v. CommissionerUnited States Board of Tax Appeals · 1928
  5. Guitar Trust Estate v. CommissionerUnited States Board of Tax Appeals · 1936

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