Coen v. Commissioner

Board of Tax Appeals

Coen v. Commissioner

18 B.T.A. 1274, 1930 BTA LEXIS 2491

CourtUnited States Board of Tax Appeals

DecidedFebruary 20, 1930

DocketDocket No. 23173.

StatusPublished

Cited by1 cases

This text of 18 B.T.A. 1274 (Coen 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

Coen v. Commissioner, 18 B.T.A. 1274, 1930 BTA LEXIS 2491 (bta 1930).

Pincite

Opinion

[1277]*1277OPINION.

Steekhagen :

The losses sustained by petitioner in 1921 in respect of the Steel Co. and the Wyoming oil association were not “ losses resulting from the operation of a trade or business regularly carried on by the taxpayer ” and are not such as may, under section 204, Revenue Act of 1921, be carried into 1922. Fridolin Pabst, 6 B. T. A. 843; affd., 36 Fed. (2d) 614; Louis M. Goldberg, 9 B. T. A. 1355; affd., 36 Fed. (2d) 551; Harry J. Gutman, 7 B. T. A. 500; W. C. Harris, 8 B. T. A. 1234; J. L. Washburn, 16 B. T. A. 1091, now on review by Circuit Court of Appeals, Eighth Circuit.

Decisions of the courts and of the Board in which it was merely held that the individual taxpayer was engaged in business or was in fact, in his own behalf, and not merely by reason of his investment in a corporation or association, regularly and actively carrying on the business in which he was engaged, are not controlling authorities for the application of the net loss provision. Such are Bryce v. Keith, 257 Fed. 133; Mente v. Eisner, 266 Fed. 161; Oscar K. Eysenbach, 10 B. T. A. 716; cited by petitioner. Nor are decisions determining the right of a taxpayer to deduct losses in the year sustained which do not involve the question whether as net losses they may be carried over. Such are A. L. Huey, 4 B. T. A. 370; A. H. Fell, 7 B. T. A. 263; L. C. Heydrich, 7 B. T. A. 950; J. H. G. Wolf, 8 B. T. A. 1121; C. H. Goodwin, 9 B. T. A. 1209; cited by petitioner.

Judgment will be entered for the respondent.

Free access — add to your briefcase to read the full text and ask questions with AI

[1277]*1277OPINION.

Steekhagen :

The losses sustained by petitioner in 1921 in respect of the Steel Co. and the Wyoming oil association were not “ losses resulting from the operation of a trade or business regularly carried on by the taxpayer ” and are not such as may, under section 204, Revenue Act of 1921, be carried into 1922. Fridolin Pabst, 6 B. T. A. 843; affd., 36 Fed. (2d) 614; Louis M. Goldberg, 9 B. T. A. 1355; affd., 36 Fed. (2d) 551; Harry J. Gutman, 7 B. T. A. 500; W. C. Harris, 8 B. T. A. 1234; J. L. Washburn, 16 B. T. A. 1091, now on review by Circuit Court of Appeals, Eighth Circuit.

Decisions of the courts and of the Board in which it was merely held that the individual taxpayer was engaged in business or was in fact, in his own behalf, and not merely by reason of his investment in a corporation or association, regularly and actively carrying on the business in which he was engaged, are not controlling authorities for the application of the net loss provision. Such are Bryce v. Keith, 257 Fed. 133; Mente v. Eisner, 266 Fed. 161; Oscar K. Eysenbach, 10 B. T. A. 716; cited by petitioner. Nor are decisions determining the right of a taxpayer to deduct losses in the year sustained which do not involve the question whether as net losses they may be carried over. Such are A. L. Huey, 4 B. T. A. 370; A. H. Fell, 7 B. T. A. 263; L. C. Heydrich, 7 B. T. A. 950; J. H. G. Wolf, 8 B. T. A. 1121; C. H. Goodwin, 9 B. T. A. 1209; cited by petitioner.

Judgment will be entered for the respondent.

Cite This Page — Counsel Stack

Bluebook (online)

18 B.T.A. 1274, 1930 BTA LEXIS 2491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coen-v-commissioner-bta-1930.

Opinion

Related

Cite This Page — Counsel Stack