Legal Opinion

Lamm Lumber Co. v. Commissioner

United States Board of Tax Appeals

Decided September 3, 1941No. Docket No. 102774Published

1. Taxpayer on the accrual basis is entitled to accrue the value of certain equipment in the year the right to receive it becomes fixed, notwithstanding actual delivery is not made until a subsequent year when all controversies respecting possession and title are settled. 2. On account of the critical financial condition of petitioner corporation its president was allowed to withdraw only $10,000 of his $24,000 salary, and the remainder was carried as an account payable.

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1. Taxpayer on the accrual basis is entitled to accrue the value of certain equipment in the year the right to receive it becomes fixed, notwithstanding actual delivery is not made until a subsequent year when all controversies respecting possession and title are settled. 2. On account of the critical financial condition of petitioner corporation its president was allowed to withdraw only $10,000 of his $24,000 salary, and the remainder was carried as an account payable. Held, under the facts the accrued salary of $24,000 was deductible as an ordinary and necessary business expense incurred…

1Opinion of the Court

LAMM LUMBER COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Lamm Lumber Co. v. Commissioner

Docket No. 102774.

United States Board of Tax Appeals

45 B.T.A. 1; 1941 BTA LEXIS 1193;

September 3, 1941, Promulgated

1. Taxpayer on the accrual basis is entitled to accrue the value of certain equipment in the year the right to receive it becomes fixed, notwithstanding actual delivery is not made until a subsequent year when all controversies respecting possession and title are settled.

2. On account of the critical financial condition of petitioner corporation its president was…

2Cases cited1 opinion

  1. Lamm Lumber Co. v. CommissionerUnited States Board of Tax Appeals · 1941

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