Legal Opinion

Ward v. Clayton

Supreme Court of North Carolina

Decided March 11, 1970No. 22PublishedCited by 12 opinions

1Opinion of the CourtBobbitt, C.J.

The sole question is whether, in computing the taxpaper’s net income for 1963, the deduction allowable under G.S. 105-147 for a loss of property by fire is to be ascertained as provided in G.S. 105-144.

The statutory provisions applicable to the determination of the taxpayer’s net income for 1963 are the following:

G.S. 105-144, in pertinent part, provides: “(a) ... in ascertaining the gain or loss from the sale or other disposition of property: (1) For property acquired after January 1, 1921, and before July 1, 1963, the basis shall be the cost thereof; . . . .” (Our italics.)

G.S. 105-147, in…

2Cases cited7 opinions

  1. State v. . BarksdaleSupreme Court of North Carolina · 1921
  2. Carolina Beach Fishing Pier, Inc. v. Town of Carolina BeachSupreme Court of North Carolina · 1968
  3. In Re HickersonSupreme Court of North Carolina · 1952
  4. Hubinger v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1929
  5. Stiles M. Harper and His Wife, Virginia L. Harper v. United StatesCourt of Appeals for the Fourth Circuit · 1968

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Wal-Mart Stores East, Inc. v. HintonCourt of Appeals of North Carolina · 2009
  2. Aronov v. Secretary of RevenueSupreme Court of North Carolina · 1988
  3. Midrex Corp. v. LynchCourt of Appeals of North Carolina · 1981
  4. Sloop v. FribergCourt of Appeals of North Carolina · 1984
  5. Sloop v. FribergCourt of Appeals of North Carolina · 1984

7 more not listed; retrieve them via the Exa API.

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