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8 B.T.A. 1301

McMurtrie v. Commissioner

United States Board of Tax Appeals

Decided November 7, 1927

United States Board of Tax Appeals · decided 1927-11-07

A dividend payable on December 31, 1923, but not received until January 2, 1924, is 1924 income to stockholder making an incometax return upon a cash receipts and disbursements basis.

Cited by 2 later decisions — most recently January 1929

Relies on Bingham v. Commissioner

Good law ✅— No negative treatment on recordhow we know

Decided 1927-11-07

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¶1*1302OPINION.

Van Fossan:

¶2The facts in this case bring it squarely within the holding of the Board in Robert W. Bingham v. Commissioner, 8 B. T. A. 603, promulgated October 8, 1927. Following the reasoning of that decision it is held that the dividend was not income until actually received on January 2, 1924. Under the terms of the stipulation of the parties there is no deficiency.

¶3Eeviewed by the Board.

¶4Judgment will be entered for the petitioner.

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