Krueger Broughton Lumber Co. v. Commissioner
United States Board of Tax Appeals
1. JURISDICTION. - This Board is held to have jurisdiction to hear and determine an appeal from a deficiency even though the appeal is unsatisfactory in form, if it was filed within the statutory period of 60 days after the mailing of the deficiency letter and was promptly amended to conform to the rules prior to answer by the respondent. 2. BAD DEBTS. - Where the evidence shows that a debt was partly uncollectible in an amount currently ascertained from definite facts, the…
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1. JURISDICTION. - This Board is held to have jurisdiction to hear and determine an appeal from a deficiency even though the appeal is unsatisfactory in form, if it was filed within the statutory period of 60 days after the mailing of the deficiency letter and was promptly amended to conform to the rules prior to answer by the respondent. 2. BAD DEBTS. - Where the evidence shows that a debt was partly uncollectible in an amount currently ascertained from definite facts, the uncollectible part was ascertained and charged off within the taxable year, it was consistently treated by the…
1Opinion of the Court
*1272OPINION.
Trussell :
The motion to dismiss for lack of jurisdiction must be denied. It is apparent that the motion was made under a misapprehension of the facts. (1) The original appeal was filed within, the 60-day period but not in proper form. Opportunity was promptly extended and was availed of by the petitioner to file an amended petition. The amended petition was filed subsequent to the expiration of the 60-day period but prior to the filing of an answer by the respondent. The only answer filed by the respondent, to whom full opportunity was accorded, was with respect to the amended…
2Cited by7 opinions
- Rio Grande Bldg. & Loan Ass'n v. CommissionerUnited States Tax Court · 1961
- Continental Petroleum Co. v. United StatesCourt of Appeals for the Tenth Circuit · 1936
- Harrington v. CommissionerUnited States Tax Court · 1972
- Krueger Broughton Lumber Co. v. CommissionerUnited States Board of Tax Appeals · 1930
- Rio Grande Bldg. & Loan Ass'n v. CommissionerUnited States Tax Court · 1961
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