Legal Opinion

Estate of SoRelle v. Commissioner

United States Tax Court

Decided October 31, 1958No. Docket No. 61144Published

1. Correction of error under sections 1311-1315, I. R. C. 1954, held unauthorized where a prior decision of this Court excluded an item of income of 1 year and thus produced a "double exclusion" under section 1312 (3) (A), but where, pursuant to section 1311 (b), there was not adopted an inconsistent position "maintained by the taxpayer." 2. An earlier decision of this Court requiring the increase of certain opening inventories for 1946, pursuant to alternative position…

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1. Correction of error under sections 1311-1315, I. R. C. 1954, held unauthorized where a prior decision of this Court excluded an item of income of 1 year and thus produced a "double exclusion" under section 1312 (3) (A), but where, pursuant to section 1311 (b), there was not adopted an inconsistent position "maintained by the taxpayer." 2. An earlier decision of this Court requiring the increase of certain opening inventories for 1946, pursuant to alternative position maintained by petitioner, held, in the circumstances of this case, to furnish the basis for corresponding increase in…

1Opinion of the Court

Estate of A. W. SoRelle, Deceased, A. W. SoRelle, Jr., Charles W. SoRelle, Irving SoRelle, and Jack SoRelle, Executors, Petitioner, v. Commissioner of Internal Revenue, Respondent

Estate of SoRelle v. Commissioner

Docket No. 61144

United States Tax Court

31 T.C. 272; 1958 U.S. Tax Ct. LEXIS 42;

October 31, 1958, Filed

Decision will be entered under Rule 50.

1. Correction of error under sections 1311-1315, I. R. C. 1954, held unauthorized where a prior decision of this Court excluded an item of income of 1 year and thus produced a "double exclusion" under section 1312 (3) (A), but where, pursuant to…

2Cases cited3 opinions

  1. Gooch Milling & Elevator Co. v. United StatesUnited States Court of Claims · 1948
  2. Estate of SoRelle v. CommissionerUnited States Tax Court · 1958
  3. M. Fine & Sons Manufacturing Co. v. United StatesUnited States Court of Claims · 1958

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