Chatterton & Son v. Commissioner

Board of Tax Appeals

Chatterton & Son v. Commissioner

5 B.T.A. 105, 1926 BTA LEXIS 1984

CourtUnited States Board of Tax Appeals

DecidedOctober 19, 1926

DocketDocket No. 6057.

StatusPublished

This text of 5 B.T.A. 105 (Chatterton & Son v. Commissioner) is published on Counsel Stack Legal Research, covering United States Board of Tax Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chatterton & Son v. Commissioner, 5 B.T.A. 105, 1926 BTA LEXIS 1984 (bta 1926).

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Opinion

[106]*106OPINION.

Lansdon:

There is agreement between the parties as to the foregoing facts. The Commissioner, by agreeing to “ the facts and figures ” in the proposed stipulation of facts, has admitted that the petitioner, instead of having net income of $12,376.16 during the first 28 days of July, 1917, actually lost $2,462.66 during that period. There is no dispute as to the accuracy of the return for the period for which it was rendered. This being true, the conclusion is inevitable that the return reflects a net income in excess of that actually received during the full taxable year beginning July 1 and ending June 30,1918. There is, therefore, no deficiency.

Judgment will ~be entered for the 'petitioner.

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[106]*106OPINION.

Lansdon:

There is agreement between the parties as to the foregoing facts. The Commissioner, by agreeing to “ the facts and figures ” in the proposed stipulation of facts, has admitted that the petitioner, instead of having net income of $12,376.16 during the first 28 days of July, 1917, actually lost $2,462.66 during that period. There is no dispute as to the accuracy of the return for the period for which it was rendered. This being true, the conclusion is inevitable that the return reflects a net income in excess of that actually received during the full taxable year beginning July 1 and ending June 30,1918. There is, therefore, no deficiency.

Judgment will ~be entered for the 'petitioner.

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5 B.T.A. 105, 1926 BTA LEXIS 1984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chatterton-son-v-commissioner-bta-1926.

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