Rethorst v. Commissioner

Board of Tax Appeals

Rethorst v. Commissioner

1 B.T.A. 448, 1925 BTA LEXIS 2923

CourtUnited States Board of Tax Appeals

DecidedJanuary 30, 1925

DocketDocket No. 221.

StatusPublished

This text of 1 B.T.A. 448 (Rethorst 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

Rethorst v. Commissioner, 1 B.T.A. 448, 1925 BTA LEXIS 2923 (bta 1925).

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Opinion

OPINION.

Ivins :

The war was declared terminated by resolution of Congress for certain purposes, including computation of taxes, on March 3, 1921, and the taxpayer thought that since 61 days of 1921 were thus regarded as prior to the termination of the war, he should be entitled to 61/365 of the $3,500 allowance made in the Revenue Act of 1918. But taxes for the year 1921 must be computed under the Revenue Act of 1921 which, for the purpose of computing income, etc., is retroactive to January 1, 1921. Section 1400 (a) of the 192Í act specifically repealed Title II of the 1918 act as of January 1. 1921. The exemption relied on having been thus repealed, and there being nothing in the Revenue Act of 1921 to justify any such deduction, the Commissioner was correct in disallowing the taxpayer’s claim, and his determination should be approved.

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OPINION.

Ivins :

The war was declared terminated by resolution of Congress for certain purposes, including computation of taxes, on March 3, 1921, and the taxpayer thought that since 61 days of 1921 were thus regarded as prior to the termination of the war, he should be entitled to 61/365 of the $3,500 allowance made in the Revenue Act of 1918. But taxes for the year 1921 must be computed under the Revenue Act of 1921 which, for the purpose of computing income, etc., is retroactive to January 1, 1921. Section 1400 (a) of the 192Í act specifically repealed Title II of the 1918 act as of January 1. 1921. The exemption relied on having been thus repealed, and there being nothing in the Revenue Act of 1921 to justify any such deduction, the Commissioner was correct in disallowing the taxpayer’s claim, and his determination should be approved.

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Bluebook (online)

1 B.T.A. 448, 1925 BTA LEXIS 2923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rethorst-v-commissioner-bta-1925.

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