Johnson v. Commissioner
United States Board of Tax Appeals
1. It does not necessarily follow from a mere showing that a corporation purports to be one of the members of a partnership that there was no legal partnership. 2. A restoration to invested capital of assets previously charged to expense can not be made in the absence of satisfactory evidence as to the cost of these assets. 3. A claimed loss on abandonment of depreciable assets denied in the absence of evidence as to the terms of the lease on the premises on which the assets…
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1. It does not necessarily follow from a mere showing that a corporation purports to be one of the members of a partnership that there was no legal partnership. 2. A restoration to invested capital of assets previously charged to expense can not be made in the absence of satisfactory evidence as to the cost of these assets. 3. A claimed loss on abandonment of depreciable assets denied in the absence of evidence as to the terms of the lease on the premises on which the assets were constructed from which the Board might determine the allowable depreciation prior to abandonment. 4. A refund in…
1Opinion of the Court
*824OPINION.
Littleton :
We will consider first the issues raised directly by the petition of Wilson Bros. & Co., a partnership, as follows:
1. Whether Wilson Bros. & Oo. is to be taxed as a partnership in 1917.
2. The failure of the Commissioner to include in invested capital for 1917 certain assets which did not appear on the books of the company.
3. The failure of the Commissioner to allow a loss in 1917 on account of the abandonment of certain assets.
4. The reduction of invested capital in 1917 by what the Commissioner considered inadequate depreciation in prior years.
5. The inclusion as income…
2Cases cited9 opinions
- United States v. LudeySupreme Court of the United States · 1927
- United States v. RobbinsSupreme Court of the United States · 1926
- Fechteler v. Palm Bros. & Co.Court of Appeals for the Sixth Circuit · 1904
- Brookman v. DurkeeWashington Supreme Court · 1907
- Mervyn Investment Co. v. BiberCalifornia Supreme Court · 1921
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3Cited by5 opinions
- East Coast Oil Co., S. A. v. CommissionerUnited States Board of Tax Appeals · 1934
- Hill v. CommissionerUnited States Board of Tax Appeals · 1931
- Johnson v. CommissionerUnited States Board of Tax Appeals · 1927
- Phillips v. CommissionerUnited States Board of Tax Appeals · 1927
- Rosenberg v. CommissionerUnited States Board of Tax Appeals · 1928