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10 B.T.A. 534

Kay v. Commissioner

United States Board of Tax Appeals

Decided February 6, 1928

United States Board of Tax Appeals · decided 1928-02-06

Amounts of business expenses, losses and depreciation determined and allowed as deductions from income for calendar year 1921.

Good law ✅— No negative treatment on recordhow we know

Decided 1928-02-06

How this case has been cited

Cited by 6 later decisions — most recently December 1977

3 federal appellate ·

40192819301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*535OPINION.

Siefkin :

¶2Section 214 (a) of the Revenue Act of 1921 provides as follows:

That in computing net income there shall be allowed as deductions:
(1) All the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business, including a reasonable allowance for salaries or other compensation for personal services actually rendered; traveling expenses …;
*******
(4) Losses sustained during the taxable year and not compensated for by insurance or otherwise, if incurred in trade or business;
… …
(8) A reasonable allowance for the exhaustion, wear and tear of property used in the trade or business, including a reasonable allowance for obsolescence. …

¶3We must hold, in view. of the evidence, that the petitioner is entitled to deductions for travel expenses, $60.50; for chaffeur’s salary, $1,200; for gasoline, repairs, etc., $1,686; depreciation on Paige car from January 1 to May 24, 1921, at the rate of 25 per cent per annum, $336.09; depreciation on Marmon car from May 24 to December 31, 1921, at the rate of 25 per cent per annum, $890.61; and for loss on the sale of 'the Paige car on May 24, 1921, $239.37.

¶4Judgment will he entered for the petitioner.

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