Crowell Lumber & Grain Co. v. Commissioner

Board of Tax Appeals

Crowell Lumber & Grain Co. v. Commissioner

6 B.T.A. 826, 1927 BTA LEXIS 3393

CourtUnited States Board of Tax Appeals

DecidedApril 14, 1927

DocketDocket No. 366.

StatusPublished

Cited by2 cases

This text of 6 B.T.A. 826 (Crowell Lumber & Grain 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.

Bluebook

Crowell Lumber & Grain Co. v. Commissioner, 6 B.T.A. 826, 1927 BTA LEXIS 3393 (bta 1927).

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Opinion

[827]*827opinion.

Green :

The petitionee has established its right to a deduction for repairs in the sum of-$250.

The evidence in support of the obsolescence deduction proved only that in 1919 the petitioner ascertained the run-down condition of the elevator head house and demolished and rebuilt it. Undoubtedly the petitioner is entitled to deduct as a loss the actual loss thus sustained. We have found that $2,000 is to be treated as the cost of the head house but there is no evidence whatever as to the amount of depreciation sustained thereon from the date of its acquisition to the date of its demolition. Without proof of the depreciated cost the loss can not be computed.

Judgment will he entered after 15 days' notice, under Bule 50.

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[827]*827opinion.

Green :

The petitionee has established its right to a deduction for repairs in the sum of-$250.

The evidence in support of the obsolescence deduction proved only that in 1919 the petitioner ascertained the run-down condition of the elevator head house and demolished and rebuilt it. Undoubtedly the petitioner is entitled to deduct as a loss the actual loss thus sustained. We have found that $2,000 is to be treated as the cost of the head house but there is no evidence whatever as to the amount of depreciation sustained thereon from the date of its acquisition to the date of its demolition. Without proof of the depreciated cost the loss can not be computed.

Judgment will he entered after 15 days' notice, under Bule 50.

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Bluebook (online)

6 B.T.A. 826, 1927 BTA LEXIS 3393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crowell-lumber-grain-co-v-commissioner-bta-1927.

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