Moir v. Commissioner
United States Board of Tax Appeals
In 1923 the taxpayers claimed credits under section 222(a)(1) of the Revenue Act of 1921, on account of taxes paid to foreign governments, and further claimed credits under section 1200(a) of the Revenue Act of 1924 of 25 per cent of the amount of tax shown on their returns before deducting the said credit for foreign taxes.
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In 1923 the taxpayers claimed credits under section 222(a)(1) of the Revenue Act of 1921, on account of taxes paid to foreign governments, and further claimed credits under section 1200(a) of the Revenue Act of 1924 of 25 per cent of the amount of tax shown on their returns before deducting the said credit for foreign taxes. Held, that the credit provided in section 1200(a) of the Revenue Act of 1924 is to be computed after the deduction of the credit provided for in section 222(a)(1) of the Revenue Act of 1921.
1Opinion of the Court
*22OPINION.
James: The Commissioner in his answer pleaded that the Board is without jurisdiction to hear and determine these appeals for the reason that he has not, since the passage of the Kevenue Act of 1924, determined a deficiency in tax in respect to these taxpayers. The Commissioner’s position in this plea is that the taxpayers have been assessed on the basis of the tax shown upon the taxpayers’ returns, and that a deficiency is only an amount of tax determined by him to be due in excess of that shown on the taxpayer’s return. This is true in the ordinary case, but in cases in which the…
2Cited by16 opinions
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- Kearney v. A'HearnDistrict Court, S.D. New York · 1962
- Clark v. United StatesDistrict Court, D. New Jersey · 1939
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