Holden & Martin Lumber Co. v. Commissioner

Court: United States Board of Tax Appeals
Date filed: 1925-09-08
Citations: 2 B.T.A. 511, 1925 BTA LEXIS 2365
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APPEAL OF HOLDEN & MARTIN LUMBER CO.
Holden & Martin Lumber Co. v. Commissioner
Docket No. 826.
United States Board of Tax Appeals
2 B.T.A. 511; 1925 BTA LEXIS 2365;
September 8, 1925, Decided
Submitted May 19, 1925.

*2365 L. E. Holden, for the taxpayer.
F. O. Graves, Esq., for the Commissioner.

*511 Before JAMES, SMITH, and TRUSSELL.

This is an appeal from the determination of a deficiency in income and profits taxes for the year 1920 in the amount of $2,292.35. The taxpayer appeals from a finding of the Commissioner that a profit was made in the sale of capital assets in the amount of $8,186.89.

FINDINGS OF FACT.

The taxpayer is a Vermont corporation with its principal office at Brattleboro.

During 1920 the taxpayer received $5,500 in final liquidation of two corporations, its stock in which was acquired after March 1, 1913, at a cost of $4,172. During the same year the taxpayer received from the sale of certain real estate a gross consideration of $13,000, of which $1,000 was allocated as compensation for the removal of certain buildings, the cost of which removal was $858.89. The cost of such real estate is not definitely established but was less than $12,000. The value on March 1, 1913, was $12,000.

DECISION.

The deficiency should be computed in accordance with the foregoing findings of fact. Final determination will be settled on consent or on 15*2366 days' notice, in accordance with Rule 50.

ARUNDELL not participating.