Elmore Milling Co. v. Commissioner
United States Board of Tax Appeals
1. DEPRECIATION ALLOWANCE - BURDEN OF PROOF. - Where the taxpayer has claimed certain deductions for depreciation on its income tax returns for the respective taxable years and the Commissioner has allowed these deductions in part and disallowed them in part, and the taxpayer appeals and assigns this action of the Commissioner as error, the burden of proof is on petitioner to show that the action of the Commissioner was wrong and, if so, what the correct base, rates and…
Read the full summary
1. DEPRECIATION ALLOWANCE - BURDEN OF PROOF. - Where the taxpayer has claimed certain deductions for depreciation on its income tax returns for the respective taxable years and the Commissioner has allowed these deductions in part and disallowed them in part, and the taxpayer appeals and assigns this action of the Commissioner as error, the burden of proof is on petitioner to show that the action of the Commissioner was wrong and, if so, what the correct base, rates and amounts should be. Reinecke v. Spalding,280 U.S. 227. 2. DEPRECIATION - BASIS - PROPERTY ACQUIRED FROM PETITIONER'S…
1Opinion of the Court
*89OPINION.
Black:
At the hearing of these proceedings, the parties entered into a stipulation by which it was agreed that the net income of petitioner for 1927, as shown by the deficiency notice, should be reduced $4,793.94 on account of certain repair expenses incurred by petitioner in that year, and that the net income of petitioner for 1928, as shown by the deficiency notice, should be increased by the sum of $1,049.84, being an adjustment made necessary by the allowance of $4,793.94 deduction from 1927 income. Effect should be given to this stipulation in a redetermination of the deficiencies.
2Cases cited2 opinions
- Botany Worsted Mills v. United StatesSupreme Court of the United States · 1929
- Reinecke v. SpaldingSupreme Court of the United States · 1930
3Cited by6 opinions
- Lammerding v. HelveringCourt of Appeals for the D.C. Circuit · 1941
- Elmore Milling Co. v. CommissionerUnited States Board of Tax Appeals · 1932
- Harry J. Stevens, Inc. v. CommissionerUnited States Tax Court · 1949
- Hughes v. CommissionerUnited States Tax Court · 1951
- Long Island Drug Co. v. CommissionerUnited States Board of Tax Appeals · 1937
1 more not listed; retrieve them via the Exa API.