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17 B.T.A. 873

Hecker v. Commissioner

United States Board of Tax Appeals

Decided October 11, 1929

United States Board of Tax Appeals · decided 1929-10-11

Cited by 2 later decisions — most recently August 1931

Good law ✅— No negative treatment on recordhow we know

Decided 1929-10-11

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¶1OPINION.

Teammell :

¶2This is a proceeding for the redetermination of a deficiency for 1925 in the amount of $175.57. The deficiency arises from the action of the respondent in refusing to allow a deduction claimed in that year on account of a net loss sustained in 1924.

¶3The petitioner is an individual residing in the State of Indiana, and was engaged in the road construction business, and in 1924 sustained a net loss in the amount of $6,896.10 as a result of the sale of motor stock.

¶4The respondent refused to allow the deduction for a net loss upon the ground that it was not shown to have been incurred in the operation of a trade or business regularly carried on by the taxpayer.

¶5There is nothing in the record to indicate that the loss was sustained in connection with the operation of a trade or business, and the action of the respondent is accordingly approved.

¶6Judgment will be entered for the respondent.

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