Cleveland Trinidad Paving Co. v. Commissioner

Board of Tax Appeals

Cleveland Trinidad Paving Co. v. Commissioner

14 B.T.A. 1209, 1929 BTA LEXIS 2976

CourtUnited States Board of Tax Appeals

DecidedJanuary 11, 1929

DocketDocket No. 17294.

StatusPublished

Cited by1 cases

This text of 14 B.T.A. 1209 (Cleveland Trinidad Paving Co. 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.

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Cleveland Trinidad Paving Co. v. Commissioner, 14 B.T.A. 1209, 1929 BTA LEXIS 2976 (bta 1929).

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Opinion

OPINION.

Trammell:

Upon the authority of American Creosoting Co., 12 B. T. A. 247, and Cincinnati Mining Co., 8 B. T. A. 79, the issue here presented must be decided in favor of the petitioner. There being no agreement between the corporations included in the consolidated return, section 240 (b) of the Revenue Acts of 1918 and 1921 provides that the tax shall be assessed in accordance with the net income of the corporations. The petitioner having no income, no part of the tax should be assessed against it.

In view of our holding on this point, it is unnecessary for us to determine the issues on the merits, the facts relating to which were [1210]*1210stipulated. We consider it unnecessary to incorporate those facts into our findings.

Judgment for the petitioner.

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