Legal Opinion

Warner Mountains Lumber Co. v. Commissioner

United States Tax Court

Decided December 23, 1947No. Docket No. 10154Published

1. Capitalization of Expenditures -- Properly Chargeable to Capital Account -- Sec. 113 (b) (1) (A). -- The propriety of capitalizing various expenditures determined.

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1. Capitalization of Expenditures -- Properly Chargeable to Capital Account -- Sec. 113 (b) (1) (A). -- The propriety of capitalizing various expenditures determined. Held, inter alia, that expenses of unsuccessful efforts to sell are not properly chargeable to capital account. 2. Capitalization of Expenditures -- Carrying Charges on Unproductive Property. -- Sec. 113 (b) (1) (A). -- The propriety of charging or of not charging certain items to capital as carrying charges on unproductive property determined. 3. Capital Assets. -- Standing timber held to be a capital asset.

1Opinion of the Court

Warner Mountains Lumber Company, Petitioner, v. Commissioner of Internal Revenue, Respondent

Warner Mountains Lumber Co. v. Commissioner

Docket No. 10154

United States Tax Court

9 T.C. 1171; 1947 U.S. Tax Ct. LEXIS 5;

December 23, 1947, Promulgated

Decision will be entered under Rule 50.

1. Capitalization of Expenditures -- Properly Chargeable to Capital Account -- Sec. 113 (b) (1) (A). -- The propriety of capitalizing various expenditures determined. Held, inter alia, that expenses of unsuccessful efforts to sell are not properly chargeable to capital account.

2. Capitalization of Expenditures --…

2Cases cited4 opinions

  1. Spreckels v. CommissionerSupreme Court of the United States · 1942
  2. Warner Mountains Lumber Co. v. CommissionerUnited States Tax Court · 1947
  3. Jackson v. CommissionerUnited States Tax Court · 1947
  4. Pittsburgh & West Virginia Railway Co. v. CommissionerUnited States Tax Court · 1947

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