Legal Opinion

Hyplains Dressed Beef, Inc. v. Commissioner

United States Tax Court

Decided April 21, 1971No. Docket No. 2559-68Published

Petitioner accrued officers' salaries but did not in actuality pay them within 2 1/2 months after the close of the taxable year. Held, sec. 267(a)(2), I.R.C. 1954, inapplicable; the amounts were constructively received by those entitled to them.

1Opinion of the Court

Hyplains Dressed Beef, Inc., Petitioner v. Commissioner of Internal Revenue, Respondent

Hyplains Dressed Beef, Inc. v. Commissioner

Docket No. 2559-68

United States Tax Court

56 T.C. 119; 1971 U.S. Tax Ct. LEXIS 146;

April 21, 1971, Filed

Decision will be entered under Rule 50.

Petitioner accrued officers' salaries but did not in actuality pay them within 2 1/2 months after the close of the taxable year. Held, sec. 267(a)(2), I.R.C. 1954, inapplicable; the amounts were constructively received by those entitled to them.

George Voss, for the petitioner.

G. Phil Harney, for the respondent.

Tietjens, Judge.

2Cases cited9 opinions

  1. Geiger & Peters, Inc. v. CommissionerUnited States Tax Court · 1957
  2. Ohio Battery & Ignition Co. v. CommissionerUnited States Tax Court · 1945
  3. Platt Trailer Co. v. CommissionerUnited States Tax Court · 1955
  4. Akron Welding & Spring Co. v. CommissionerUnited States Tax Court · 1948
  5. Young Door Co., Eastern Div. v. CommissionerUnited States Tax Court · 1963

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