E. L. Bruce Co. v. Commissioner
United States Board of Tax Appeals
An amount paid under state tax statute which was later declared to be unconstitutional, held to be deductible.
1Opinion of the Court
*778OPINION.
Seawell:
The first question to be decided is whether the petitioner is entitled to deduct in 1923 an amount paid in that year which the State of Arkansas contended was due as overdue taxes on intangible property for the years 1916 to 1922, inclusive. The position of the Commissioner is that the amount in question was a capital expenditure which was paid to remove a lien against the petitioner’s property on account of taxes due and payable prior to 1923 and therefore not deductible from gross income; or, in the alternative, he contends that since the petitioner was on the accrual basis…
2Cases cited3 opinions
- Lucas v. American Code Co.Supreme Court of the United States · 1930
- Norton v. Shelby CountySupreme Court of the United States · 1886
- United States v. S. S. White Dental Manufacturing Co.Supreme Court of the United States · 1927
3Cited by9 opinions
- Reakirt v. CommissionerUnited States Board of Tax Appeals · 1934
- JA Dougherty's Sons v. Commissioner of Internal Rev.Court of Appeals for the Third Circuit · 1941
- Fawsett v. CommissionerUnited States Board of Tax Appeals · 1934
- Cartex Mills, Inc. v. CommissionerUnited States Board of Tax Appeals · 1940
- E. B. Elliott Co. v. CommissionerUnited States Board of Tax Appeals · 1941
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