Legal Opinion

Silver Queen Motel v. Commissioner

United States Tax Court

Decided March 25, 1971No. Docket No. 4771-69PublishedCited by 31 opinions

The taxpayer first elected the double-declining-balance method of computing depreciation for certain motel properties but now concedes that such method was not available to it and seeks to adopt the 150-percent declining-balance method instead. The Commissioner determined that since the taxpayer had failed to initially adopt an acceptable method of computing depreciation, it was restricted to the use of the straight-line method.

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The taxpayer first elected the double-declining-balance method of computing depreciation for certain motel properties but now concedes that such method was not available to it and seeks to adopt the 150-percent declining-balance method instead. The Commissioner determined that since the taxpayer had failed to initially adopt an acceptable method of computing depreciation, it was restricted to the use of the straight-line method. Held, as the taxpayer had not previously regularly used the double declining-balance method, its adoption of the 150-percent declining-balance method was not a change…

1Opinion of the Court

Forhester, Judge:

The Commissioner has determined deficiencies in petitioner’s income tax of $5,579.30 and $3,876.35 for the taxable years ending in 1966 and 1967, respectively. As petitioner has now conceded that it may not employ the double declining-balance method to compute depreciation for certain of its properties, the only issue remaining for our decision is whether petitioner may now compute depreciation by using the 150-percent declining-balance method in lieu of the straight-line method.

FINDINGS OF FACT

All of the facts have been stipulated and are so found.

Petitioner filed its…

2Cases cited18 opinions

  1. Graves v. New York Ex Rel. O'KeefeSupreme Court of the United States · 1939
  2. Koshland v. HelveringSupreme Court of the United States · 1936
  3. J. E. Riley Investment Co. v. CommissionerSupreme Court of the United States · 1940
  4. Harper v. CommissionerUnited States Tax Court · 1970
  5. Pacific National Co. v. WelchSupreme Court of the United States · 1938

13 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Wildman v. CommissionerUnited States Tax Court · 1982
  2. Dougherty v. CommissionerUnited States Tax Court · 1973
  3. Buddy Schoellkopf Products, Inc. v. CommissionerUnited States Tax Court · 1975
  4. Law v. CommissionerUnited States Tax Court · 1986
  5. Diebold, Inc. v. United StatesUnited States Court of Claims · 1989

26 more not listed; retrieve them via the Exa API.

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