Scovill Mfg. Co. v. Commissioner
United States Board of Tax Appeals
1. In its original income-tax return for 1918 the petitioner deducted an amount for amortization of war facilities. Pursant to an understanding between representatives of the Commissioner and the petitioner that the Commissioner would cause an investigation of the petitioner's books of account to be made and thus determine a reasonable allowance for amortization and that in the meantime the cost of certain additions might be claimed as expense deductions in its returns, the…
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1. In its original income-tax return for 1918 the petitioner deducted an amount for amortization of war facilities. Pursant to an understanding between representatives of the Commissioner and the petitioner that the Commissioner would cause an investigation of the petitioner's books of account to be made and thus determine a reasonable allowance for amortization and that in the meantime the cost of certain additions might be claimed as expense deductions in its returns, the petitioner filed an amended return for 1918 in January, 1920, without claiming therein any deductions specifically for…
1Opinion of the Court
*271OPINION.
Smith:
1. The first question presented by this proceeding is whether the petitioner made a claim for the deduction of an amount representing amortization of war facilities provided for by paragraph (8) of subdivision (a) of section 234 of the Revenue Act of 1918, before June 15,1924. (See section 1209, Revenue Act of 1926.) Petitioner claims that it did; the respondent, that it did not.
*272Section 234 (a) (8) of the Revenue Act of 1918 permits a corporation to deduct from gross income :
In the case of buildings, machinery, equipment, or other facilities, constructed, erected, installed, or…
2Cases cited1 opinion
- United States v. John Barth Co.Supreme Court of the United States · 1929
3Cited by10 opinions
- Hunter v. CommissionerUnited States Tax Court · 1966
- Ncnb Corporation, a North Carolina Corporation North Carolina National Bank v. United StatesCourt of Appeals for the Fourth Circuit · 1981
- Ocrant v. CommissionerUnited States Tax Court · 1976
- E. W. Edwards & Son v. ClarkeDistrict Court, N.D. New York · 1939
- Evans v. CommissionerUnited States Tax Court · 1974
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