Citizens State Bank v. Commissioner
United States Board of Tax Appeals
EVIDENCE - BURDEN OF PROOF. - Upon an issue of whether the recovered portions of deductions for had debts taken in prior years are income in the year of recovery, the petitioner carries its burden of proof where the stipulated facts show that the deductions did not result in tax benefits, and the petitioner is not required to negative possibilities concerning which no facts were stipulated and which were suggested for the first time in the respondent's brief.
1Opinion of the Court
OPINION.
Murdoch :
The Commissioner determined a deficiency of $595.94 in the income tax of the petitioner for the calendar year 1938. One of the adjustments which he made was to include in income $1,763.29 representing recoveries in 1938 on debts charged off in previous years. The propriety of that adjustment is the only issue for decision. The Commissioner explained in the notice of deficiency that the recoveries constituted taxable income in accordance with the provisions of article 23 (k) — 1 (5) of Regulations 101. That article contains the following provision:
* * * Any amount subsequently…
2Cited by10 opinions
- California and Hawaiian Sugar Refining Corporation, Limited v. The United StatesUnited States Court of Claims · 1962
- Levine v. CommissionerUnited States Tax Court · 1959
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- California and Hawaiian Sugar Refining Corporation, Limited v. The United StatesUnited States Court of Claims · 1962
- Citizens State Bank v. CommissionerUnited States Board of Tax Appeals · 1942
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