Maisel v. Commissioner

Board of Tax Appeals

Maisel v. Commissioner

2 B.T.A. 66, 1925 BTA LEXIS 2560

CourtUnited States Board of Tax Appeals

DecidedJune 15, 1925

DocketDocket No. 2422.

StatusPublished

This text of 2 B.T.A. 66 (Maisel 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.

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Maisel v. Commissioner, 2 B.T.A. 66, 1925 BTA LEXIS 2560 (bta 1925).

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Opinion

[67]*67OPINION.

James:

The taxpayer made his returns upon the basis of cash

receipts and disbursements. The examining revenue agent has computed a constructive income based upon the credit made to the taxpayer upon the books of his employer. The report of the examining revenue agent discloses that the taxpayer' included in his returns for the years 1922 and 1923 as an actual receipt the income charged to him as a constructive receipt for the taxable year 1919. We see no reason for changing the basis of reporting income adopted by the taxpayer. Appeal of H. C. Couch, 1 B. T. A. 103; Appeal of A. Bluthenthal, 1 B. T. A. 173; Appeal of A. L. Englander, 1 B. T. A. 760; Appeal of J. M. Edmunds, 1 B. T. A. 998.

The taxpayer is entitled to the deduction of $300 expenses as set forth in the findings of fact.

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[67]*67OPINION.

James:

The taxpayer made his returns upon the basis of cash

receipts and disbursements. The examining revenue agent has computed a constructive income based upon the credit made to the taxpayer upon the books of his employer. The report of the examining revenue agent discloses that the taxpayer' included in his returns for the years 1922 and 1923 as an actual receipt the income charged to him as a constructive receipt for the taxable year 1919. We see no reason for changing the basis of reporting income adopted by the taxpayer. Appeal of H. C. Couch, 1 B. T. A. 103; Appeal of A. Bluthenthal, 1 B. T. A. 173; Appeal of A. L. Englander, 1 B. T. A. 760; Appeal of J. M. Edmunds, 1 B. T. A. 998.

The taxpayer is entitled to the deduction of $300 expenses as set forth in the findings of fact.

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2 B.T.A. 66, 1925 BTA LEXIS 2560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maisel-v-commissioner-bta-1925.

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