Alabama Pipe Co. v. Commissioner
United States Tax Court
An accrual basis corporation claimed certain charitable contributions as a deduction in 1949. These contributions, as authorized by the board of directors in 1949, were made in 1950. Later, on its amended return for 1949 the deduction was omitted, but was taken on its 1950 return. Held, under section 23 (q), Internal Revenue Code of 1939, that the deduction was not proper in 1950.
1Opinion of the Court
OPINION.
Johnson, Judge:
The single question we must decide is whether certain contributions were deductible in 1950. Respondent contends that petitioner made a valid and binding election under section 23 (q), Internal Revenue Code of 1939, to deduct certain accrued charitable contributions in 1949, and cannot thereafter revoke its election. In opposition, petitioner maintains that it did not make a valid election to deduct the contributions in 1949 because it did not conform to Regulations 111, section 29.23 (q)-l, as amended. Further, because petitioner made the contributions in 1950, it is…
2Cases cited4 opinions
- Burke & Herbert Bank & Trust Co. v. CommissionerUnited States Tax Court · 1948
- Keeler v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1950
- Faucette Co. v. CommissionerUnited States Tax Court · 1951
- Champlin v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1935
3Cited by8 opinions
- Estate of Higgins v. CommissionerUnited States Tax Court · 1988
- Wood-Mosaic Co. v. United StatesDistrict Court, W.D. Kentucky · 1958
- Lozano, Inc. v. CommissionerUnited States Tax Court · 1977
- Alabama Pipe Co. v. CommissionerUnited States Tax Court · 1954
- Estate of Higgins v. CommissionerUnited States Tax Court · 1988
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