Legal Opinion

Guy T. Gibson, Inc. v. Commissioner

United States Board of Tax Appeals

Decided April 28, 1942No. Docket No. 102189Published

An importer of merchandise, keeping its books on an accrual basis, during 1929 and 1930 paid duties computed on the "entered value" of the merchandise imported.

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An importer of merchandise, keeping its books on an accrual basis, during 1929 and 1930 paid duties computed on the "entered value" of the merchandise imported. Appropriate steps were taken by the Government to collect additional duties but because of litigation carried on by petitioner and others the additional duties were not paid until 1935. In 1936, upon termination of the litigation, petitioner eliminated an asset account set up on its books in an amount equivalent to the additional duties paid in 1935 and deducted this amount from its gross income. Held that the claimed deduction was…

1Opinion of the Court

GUY T. GIBSON, INC., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Guy T. Gibson, Inc. v. Commissioner

Docket No. 102189.

United States Board of Tax Appeals

46 B.T.A. 1015; 1942 BTA LEXIS 785;

April 28, 1942, Promulgated

An importer of merchandise, keeping its books on an accrual basis, during 1929 and 1930 paid duties computed on the "entered value" of the merchandise imported. Appropriate steps were taken by the Government to collect additional duties but because of litigation carried on by petitioner and others the additional duties were not paid until 1935. In 1936, upon…

2Cases cited16 opinions

  1. United States v. AndersonSupreme Court of the United States · 1926
  2. Lucas v. American Code Co.Supreme Court of the United States · 1930
  3. Price v. United StatesSupreme Court of the United States · 1926
  4. MEREDITH v. United StatesSupreme Court of the United States · 1839
  5. N. P. Severin Co. v. YoungSupreme Court of the United States · 1936

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