Legal Opinion

Grauman's Greater Hollywood Theatre v. Commissioner

United States Board of Tax Appeals

Decided March 9, 1938No. Docket No. 86728Published

The taxpayer in earlier years received annual rent, part of which it reported as income and part of which it incorrectly omitted from income but showed in the balance sheet on its return as advance rent. The tax for the earlier years was barred by the statute of limitations. Held, that the omitted amounts may not be included in income of a later year.

1Opinion of the Court

GRAUMAN'S GREATER HOLLYWOOD THEATRE, INC., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Grauman's Greater Hollywood Theatre v. Commissioner

Docket No. 86728.

United States Board of Tax Appeals

37 B.T.A. 448; 1938 BTA LEXIS 1032;

March 9, 1938, Promulgated

The taxpayer in earlier years received annual rent, part of which it reported as income and part of which it incorrectly omitted from income but showed in the balance sheet on its return as advance rent. The tax for the earlier years was barred by the statute of limitations. Held, that the omitted amounts may not be included in…

2Cases cited7 opinions

  1. Helvering v. SalvageSupreme Court of the United States · 1936
  2. Union P. R. Co. v. CommissionerUnited States Board of Tax Appeals · 1935
  3. Sugar Creek Coal & Mining Co. v. CommissionerUnited States Board of Tax Appeals · 1934
  4. Steele v. CommissionerUnited States Board of Tax Appeals · 1936
  5. C. H. Mead Coal Co. v. CommissionerUnited States Board of Tax Appeals · 1934

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