United States Board of Tax Appeals, 1926

Appeal of Jones

Appeal of Jones
United States Board of Tax Appeals · Decided September 15, 1926 · Littleton
4 B.T.A. 828
Appeal of Jones

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1 later published case cites this decision.

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Opinion of the Court

OPINION.

Littleton

: The decision of the question of whether the Commissioner correctly denied the petitioner the right to report, in his returns’ for the years involved, only one-half of the income of tbt-marital community, is governed by the opinion of the court in United States v. Robbins, 269 U. S. 315, and the Board’s decision in the Appeal of D. Cerruti, 4 B. T. A. 682.

The petitioner alleged that he was entitled to a deduction for the purpose of excess profits tax imposed for the year 1917 of not less than 9 per cent, for the reason that his farming and other business operations yielded a net income for the pre-war years in excess of 9 per cent on his invested capital, and that he was entitled to have his annual income for the pre-war period determined under section 205 (a) of the Revenue Act of 1917. No evidence was submitted in support of this allegation of error.

Judgment for the Commissioner.

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