Myers v. Commissioner
United States Tax Court
1. The Tax Court made a finding of fact not in issue in the pleadings nor material to the Court's conclusions of law. The petitioner, in computing his tax under Rule 50, sought to base a loss deduction upon said finding of fact.
Read the full summary
1. The Tax Court made a finding of fact not in issue in the pleadings nor material to the Court's conclusions of law. The petitioner, in computing his tax under Rule 50, sought to base a loss deduction upon said finding of fact. Held, such finding is obiter dicta and can not be used to affect Rule 50 computations. 2. Where the Tax Court, after hearing, decided that petitioner was entitled to tax five separate items of his 1941 income under the provisions of section 107, I. R. C., but, in computing petitioner's tax under Rule 50, it developed that his tax would be greater if all items were…
1Opinion of the Court
SUPPLEMENTAL OPINION.
Harlan, Judge:
The original opinion in these proceedings was promulgated September 28, 1948, at 11 T. C. 447. Subsequently the petitioner and the respondent filed conflicting computations under Rule 50, and, following a hearing on December 21, 1948, each party filed a memorandum in support of his computation. The variance in tax liability shown in the computation for 1940 results from disagreement as to an alleged loss in connection with the Grays Harbor transaction. The difference in the 1941 computations results from an issue in the case which was not theretofore…
2Cases cited3 opinions
- Myers v. CommissionerUnited States Tax Court · 1948
- George J. Meyer Malt & Grain Corp. v. CommissionerUnited States Tax Court · 1948
- Welch Grape Juice Co. v. CommissionerUnited States Tax Court · 1947
3Cited by4 opinions
- Maurice J. Breen and Alyce J. Breen v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1964
- Estate of Sweeney v. CommissionerUnited States Tax Court · 1980
- Estate of Street v. CommissionerUnited States Tax Court · 1994
- Myers v. CommissionerUnited States Tax Court · 1949