Webb Press Co. v. Commissioner

Board of Tax Appeals

Webb Press Co. v. Commissioner

9 B.T.A. 238, 1927 BTA LEXIS 2633

CourtUnited States Board of Tax Appeals

DecidedNovember 22, 1927

DocketDocket No. 7070.

StatusPublished

Cited by3 cases

This text of 9 B.T.A. 238 (Webb Press 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

Webb Press Co. v. Commissioner, 9 B.T.A. 238, 1927 BTA LEXIS 2633 (bta 1927).

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Opinion

[241]*241OPINION.

MoRRis:

In view of our decision in Appeal of Webb Press Co., 3 B. T. A. 247, wherein the facts and circumstances were practically identical with those in this proceeding, we consider it unnecessary to resort to a lengthy discussion in reaching our conclusion. In that case, as in this, the title to the compresses contracted to be sold was in the petitioner until fully settled for as provided for in the contract. A test and acceptance was provided as a condition precedent [242]*242to the passage of title in that case as in this. In that case we held that the transaction was not completed until the compress was tested and accepted by the purchaser.

In this proceeding the presses contracted for were not inspected and accepted by the purchaser until January 13, 1921, at which time the final settlement with cash payment and notes was agreed upon; therefore, the income derived from the sales of these presses is not taxable in 1920 as contended by respondent.

Judgment will be entered on IS dags’ notice, under Rule 50.

Considered by Trammell, Murdoch, and Siefkin.

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[241]*241OPINION.

MoRRis:

In view of our decision in Appeal of Webb Press Co., 3 B. T. A. 247, wherein the facts and circumstances were practically identical with those in this proceeding, we consider it unnecessary to resort to a lengthy discussion in reaching our conclusion. In that case, as in this, the title to the compresses contracted to be sold was in the petitioner until fully settled for as provided for in the contract. A test and acceptance was provided as a condition precedent [242]*242to the passage of title in that case as in this. In that case we held that the transaction was not completed until the compress was tested and accepted by the purchaser.

In this proceeding the presses contracted for were not inspected and accepted by the purchaser until January 13, 1921, at which time the final settlement with cash payment and notes was agreed upon; therefore, the income derived from the sales of these presses is not taxable in 1920 as contended by respondent.

Judgment will be entered on IS dags’ notice, under Rule 50.

Considered by Trammell, Murdoch, and Siefkin.

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9 B.T.A. 238, 1927 BTA LEXIS 2633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webb-press-co-v-commissioner-bta-1927.

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