Drake v. Commissioner

Board of Tax Appeals

Drake v. Commissioner

1 B.T.A. 1235, 1925 BTA LEXIS 2594

United States Board of Tax Appeals·Decided May 26, 1925·No. Docket No. 481.·Published

Opinion

[1237] OPINION.

Morris:

The Board is of the opinion that Drake & Company was a partnership for the years in question. As the taxpayer kept no individual books the computation of his tax by the Commissioner on the calendar-year basis was proper under section 212 (b) of the Revenue Act of 1918, which provides, inter alia, that if the taxpayer has no annual accounting period or does not keep books his net income shall be computed on the basis of the calendar year.

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[1237] OPINION.

Morris:

The Board is of the opinion that Drake & Company was a partnership for the years in question. As the taxpayer kept no individual books the computation of his tax by the Commissioner on the calendar-year basis was proper under section 212 (b) of the Revenue Act of 1918, which provides, inter alia, that if the taxpayer has no annual accounting period or does not keep books his net income shall be computed on the basis of the calendar year.

Drake v. Commissioner, 1 B.T.A. 1235, 1925 BTA LEXIS 2594 (bta 1925).

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Opinion

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