Texas Coca-Cola Bottling Co. v. Commissioner
United States Board of Tax Appeals
Where, under the laws of the State of Texas, liability for city, school, state, and county taxes accrued as of January 1, 1928, and is determined by the ownership of the property on that date, and where petitioner acquired the property on March 1, 1928, and paid the taxes for that year, held, that the expenditure for the payment of the taxes became a part of the cost of the property and is not deductible under section 23 of the Revenue Act of 1928.
1Opinion of the Court
OPINION.
Adams:
The respondent determined a deficiency in income tax of $541.13 against the petitioner for the period March 1 to December 31,1928. The deficiency arises from the disallowance by the respondent of certain deductions for taxes claimed by the petitioner. The taxes were real estate taxes for the year 1928 due the State of Texas and its governmental subdivisions and amounted to $3,859.26. They were paid during the taxable year 1928.
The facts were stipulated and the stipulation is adopted as our findings of fact.
The material portions of the stipulation are as follows:
1. The Petitioner…
2Cases cited7 opinions
- United States v. AndersonSupreme Court of the United States · 1926
- Leamington Hotel Co. v. CommissionerUnited States Board of Tax Appeals · 1932
- Grand Hotel Co. v. CommissionerUnited States Board of Tax Appeals · 1930
- Winters v. Independent School Dist. of EvantCourt of Appeals of Texas · 1918
- First Bond & Mortg. Co. v. CommissionerUnited States Board of Tax Appeals · 1932
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3Cited by11 opinions
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- American Liberty Oil Co. v. CommissionerUnited States Board of Tax Appeals · 1940
- Chamberlain v. CommissionerUnited States Board of Tax Appeals · 1941
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