Superior Motor Parts Co. v. Commissioner

Board of Tax Appeals

Superior Motor Parts Co. v. Commissioner

8 B.T.A. 407

CourtUnited States Board of Tax Appeals

DecidedSeptember 29, 1927

DocketDocket No. 10348

StatusPublished

This text of 8 B.T.A. 407 (Superior Motor Parts Co. 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

Superior Motor Parts Co. v. Commissioner, 8 B.T.A. 407 (bta 1927).

Pincite

Opinion

[408]*408OPINION.

Smith:

1. The petitioner has not introduced any evidence from which it can be determined that there was any error on the part of the respondent in his computation of deductible depreciation.

2. In its petition the taxpayer alleges error on the part of the respondent in increasing its net income for the year 1921 in the amount of $2,119.80, representing a part of a reduction in inventory at the close of the year by reason of unsalable merchandise. We are satisfied from the evidence that the merchandise was unsalable and that the respondent was in error in adding back to net income of 1921 the $2,719.80 in question.

3. The parties have stipulated that the respondent in determining the amount of earnings available for the payment of a dividend on June 1, 1921, deducted $2,557.46. This deduction was unwarranted. Appeal of L. S. Ayers & Co., 1 B. T. A. 1135.

Motion for judgment, made on behalf of the respondent, is denied.

Judgment will be entered on 15 days' notice, under Bule 50.

Considered by Littleton and Love.

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