Currier Farms, Inc. v. Commissioner

7 T.C.M. 677, 1948 Tax Ct. Memo LEXIS 84
United States Tax Court·Decided September 29, 1948·No. Docket Nos. 15400, 15401.·Unpublished

Opinion

Currier Farms, Inc. v. Commissioner. L. W. Currier and Stella M. Currier, Husband and Wife, v. Commissioner.
Currier Farms, Inc. v. Commissioner
Docket Nos. 15400, 15401.
United States Tax Court
1948 Tax Ct. Memo LEXIS 84; 7 T.C.M. (CCH) 677; T.C.M. (RIA) 48188;
September 29, 1948

*84 On the facts, held, the extent to which certain payments made by respective petitioners are properly deductible is determined.

R. M. Hart, Esq., for the petitioners. Edward L. Potter, Esq., for the respondent.

LEECH

Memorandum Findings of Fact and Opinion

LEECH, Judge: These consolidated proceedings involve income and excess-profits taxes and penalties as follows:

Docket No. 15400, Currier Farms, Inc., for the fiscal year ended June 30, 1943:

Nature of TaxDeficiencyPenalty
Income$ 531.22
Excess-Profits17,380.44
Delinquency Penalty$4,345.11

Docket No. 15401, L. W. Currier and Stella M. Currier, Husband and Wife, for the calendar year 1943:

Nature of TaxDeficiency
Income$6,293.06

In Docket No. 15400, in which Currier Farms, Inc., is*85 petitioner, the contested issues are:

1. Whether respondent erred in disallowing deductions for officers' salaries as follows:

Pete Scurran$ 100.00
L. W. Currier3,613.45
Stella M. Currier7,500.00

2. Whether respondent erred in disallowing deductions for rent to the extent of $9,967.89, and whether a deduction for rent claimed on the return should be increased by the allowance of $200 additional.

3. Whether respondent erred in failing to exclude from gross income as reported the sum of $246.08, representing soil conservation payments for the year 1942. The respondent now concedes error as to this issue.

In Docket No. 15401, in which L. W. Currier and Stella M. Currier are petitioners, the contested issues are:

(a) Whether respondent erred in increasing rents for the year 1943 in the amount of $2,394.84 to the extent that there were eliminated the following deductions claimed on petitioners' return against rental income:

Interest$ 25.00
Taxes15.68
Ditch cleaning661.50
Total$702.18

(b) Whether respondent erred in failing to find that petitioners, on a cash basis, made payments in the amount of $1,423.09, representing alleged*86 deductible items incurred by petitioners in their farming operations in the taxable year 1942, which were paid in the year 1943.

(c) Whether respondent erred in his failure to find that the following deductible expenses were paid in the year 1942 by Stella M. Currier:

Interest$ 239.99
Taxes1,004.45
Cleaning draining ditches112.00

(d) Whether respondent erred in failing to find that the amount of $246.08, representing soil conservation payments, was taxable income in 1943 to L. W. Currier. Petitioners concede that this amount was taxable income to them in 1943.

The case was submitted upon oral testimony and exhibits.

Findings of Fact

As to petitioner Currier Farms, Inc.:

Currier Farms, Inc., was incorporated May 5, 1942, under the laws of the State of Florida, for the purpose of conducting farming operations. Its income and declared value excess-profits tax return for the fiscal year ending June 30, 1943 was filed with the collector of internal revenue for the district of Florida at Jacksonville, Florida.

On its return petitioner reported officers' salaries in the aggregate amount of $18,786.94, allocated as follows:

Pete Scurran$ 100.00
L. W. Currier11,186.94
Stella M. Currier7,500.00

*87 The respondent determined a reasonable allowance for officers' salaries to be $7,500.

At a meeting of the board of directors of Currier Farms, Inc., held on May 15, 1942, a resolution was adopted fixin

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Currier Farms, Inc. v. Commissioner, 7 T.C.M. 677, 1948 Tax Ct. Memo LEXIS 84 (tax 1948).

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