Pawnee Natl. Bank v. Commissioner
This text of 1 T.C.M. 25 (Pawnee Natl. Bank v. Commissioner) is published on Counsel Stack Legal Research, covering United States Tax Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Memorandum Opinion
SMITH, J.: The proceeding is for the redetermination of deficiencies in income tax for 1938 and 1939 of $120.38 and $154.31, respectively.
Petitioner alleges that the respondent erred in the determination of the deficiencies by including in its gross income for 1938 recoveries of bad debts charged off in prior loss years in the amount of $729.58, and in its gross income for 1939 recoveries of bad debts charged off in prior loss years in the amount of $935.25.
The proceeding was submitted upon the following stipulation of facts:
1. The Petitioner is a Corporation duly organized and existing under the laws of the United States and domesticated in Oklahoma, and is engaged in the general banking business, with its principal place of business at Pawnee, Oklahoma. The returns for the periods here involved were filed with the Collector of Internal Revenue for the District of Oklahoma.
2. The notice of deficiency (a copy of which is attached to the Petition and marked Exhibit A) was mailed to the Petitioner on April 10, 1941.
3. The taxes in controversy *103 are income taxes for the calendar year 1938, in the amount of $120.38, and for the calendar year 1939, in the amount of $154.31, or a total deficiency of $275.69.
4. The only question in controversy relates to the taxability of certain bad debt recoveries received by Petitioner during the calendar year 1938, in the amount of $729.58, and $935.25, received during the calendar year 1939, all of which bad debt recoveries related to bad debts previously charged off by Petitioner during the calendar years 1930 to 1935, inclusive, as more fully set forth below.
5. In years prior to 1938, the Petitioner, at the direction or with the approval of a national bank examiner, charged off its books as bad debts in the years listed below and in the amount set opposite each year, the following:
| Calendar Year | Amount |
| 1930 | $ 1,491.00 |
| 1931 | 7,125.19 |
| 1932 | 12,893.01 |
| 1933 | 2,603.23 |
| 1934 | 4,652.22 |
| 1935 | 11,303.52 |
| TOTAL | $ 40,068.17 |
6. In its returns for the years 1930 to 1935, inclusive, petitioner reported the following amounts of net income (losses), interest on Liberty Bonds, etc., and balances (losses) subject to income tax, as follows:
| Exclusion of Inter- | Interest on | Balance (Loss) | |
| Calendar | est on Liberty | Liberty Bonds, | Subject to |
| Year | Bonds, Etc. | Etc. | Income Tax |
| 1930 | [ 4,994.48) | [ 4,994.48) | |
| 1931 | (15,122.95) | (15,122.95) | |
| 1932 | (13,365.60) | (13,365.60) | |
| 1933 | ( 5,834.53) | ( 5,834.53) | |
| 1934 | ( 4,364.94) | $1,755.62 | ( 6,120.56) |
| 1935 | ( 2,849.13) | 5,916.76 | ( 8,765.89) |
| TOTAL | $ 54,204.01 |
*104 7. Petitioner, prior to the calendar year 1938, had recovered against its debts charged off as shown in numbered paragraph 6 above, the following amounts:
| Recovered Prior | |
| Off | to 1938 |
| 1930 | $ 22.50 |
| 1931 | 1,277.50 |
| 1932 | 3,845.00 |
| 1933 |