Enke City Dye Works, Inc. v. Commissioner

Board of Tax Appeals

Enke City Dye Works, Inc. v. Commissioner

2 B.T.A. 378, 1925 BTA LEXIS 2431

CourtUnited States Board of Tax Appeals

DecidedJuly 15, 1925

DocketDocket No. 976.

StatusPublished

This text of 2 B.T.A. 378 (Enke City Dye Works, Inc. 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

Enke City Dye Works, Inc. v. Commissioner, 2 B.T.A. 378, 1925 BTA LEXIS 2431 (bta 1925).

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Opinion

[379]*379OPINION.

Graupner:

In this appeal it is clear that there was a change of ownership after March 3, 1917, and it is equally clear that an interest or control of fifty per cent or more remained in the owner of the predecessor business. The provisions of section 331 of the Eevenue Act of 1918 are therefore applicable, and, under this section, the taxpayer is not entitled to include the claimed item of good will in its invested capital.

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[379]*379OPINION.

Graupner:

In this appeal it is clear that there was a change of ownership after March 3, 1917, and it is equally clear that an interest or control of fifty per cent or more remained in the owner of the predecessor business. The provisions of section 331 of the Eevenue Act of 1918 are therefore applicable, and, under this section, the taxpayer is not entitled to include the claimed item of good will in its invested capital.

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Bluebook (online)

2 B.T.A. 378, 1925 BTA LEXIS 2431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/enke-city-dye-works-inc-v-commissioner-bta-1925.

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