Brander v. Commissioner
United States Board of Tax Appeals
1. Ordinarily, a taxpayer who keeps no books or records of account can not be on an accrual basis. 2. The proof in this case is insufficient to establish that the taxpayer's individual accounts were kept in the books of a corporation of which he was an officer.
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1. Ordinarily, a taxpayer who keeps no books or records of account can not be on an accrual basis. 2. The proof in this case is insufficient to establish that the taxpayer's individual accounts were kept in the books of a corporation of which he was an officer. Upon the evidence, held, that the cash receipts and disbursements method of returning income was proper. 3. Salary credited to but not received by the taxpayer in the taxable year, as an officer of a corporation which was controlled by the taxpayer and another person and which was able to pay such salary, held, to have been received…
1Opinion of the Court
*234OPINION.
Steeniiagen: When the taxpayer filed his original return he had had it prepared by a firm of certified public accountants upon whose advice he relied. He had no individual account books and it is said that the return was prepared from the data contained in the books of the corporation of which he was one of the two dominating stockholders. The return stated upon its face that it showed income accrued and not income received, and the amounts of income and deductions were shown to be as follows:
INCOME. .
Salaries and commissions as president and salesman
$115,166. 00 from Brander & Curry,…
2Cited by41 opinions
- Gajewski v. CommissionerUnited States Tax Court · 1976
- England v. CommissionerUnited States Tax Court · 1960
- Security First Nat'l Bank v. CommissionerUnited States Board of Tax Appeals · 1933
- Herder v. HelveringCourt of Appeals for the D.C. Circuit · 1939
- Hamilton National Bank of Chattanooga v. CommissionerUnited States Board of Tax Appeals · 1933
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