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Carver v. COMMISSIONER OF INTERNAL REVENUE

Carver v. Comm'r of Internal Revenue, 173 F.2d 29 (6th Cir. 1949)
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Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
February 14, 1949
Docket
No. 10730
Judges
Allen, Martin, Miller
Citations
173 F.2d 2937 A.F.T.R. (P-H) 9961949 U.S. App. LEXIS 4514

Opinion — Per Curiam

PER CURIAM.

This cause came on to be heard on the petition of the taxpayer for review of the *30 decision of the United States Tax Court determining a deficiency in his income tax for 1941, and having been duly considered upon the record and upon the oral arguments and briefs of the petitioner and the respo'ndent Commissioner of Internal Revenue; and the question presented being the effect taxwise of a failure by the taxpayer to report his income for 1941 on an accrual •basis to which he had changed his method of keeping books many years before rather than on a cash basis, and it appearing that the Tax Court properly applied the doctrine well stated in William Hardy, Inc., v. Commissioner of Internal Revenue, 2 Cir., 82 F.2d 249 , to ’the effect that the fact that in previous years the Commissioner has accepted returns upon a basis other than that of the change he requires will not preclude him from insisting upon a method that will clearly reflect the income for the period being audited: The decision of the Tax 'Court is affirmed for the reasons stated in its opinion and upon the basis of its findings of fact, supported by the evidence.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1949: 11952: 11971: 12004: 119492026peak 1949 · 1

Relies on it most ⓘ

  1. Commissioner of Internal Revenue v. Schuyler196 F.2d 85 (2d Cir. 1952)
  2. Sunoco, Inc. v. Comm'r2004 T.C. Memo. 29
  3. The Lincoln Electric Company v. Commissioner of Internal Revenue444 F.2d 491 (6th Cir. 1971)
  4. Maloney v. Hammond176 F.2d 780 (9th Cir. 1949)

Most recent

  1. Sunoco, Inc. v. Comm'r2004 T.C. Memo. 29
  2. The Lincoln Electric Company v. Commissioner of Internal Revenue444 F.2d 491 (6th Cir. 1971)
  3. Commissioner of Internal Revenue v. Schuyler196 F.2d 85 (2d Cir. 1952)
  4. Maloney v. Hammond176 F.2d 780 (9th Cir. 1949)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
William Hardy, Inc. v. Comm'r of Internal Revenue, 82 F.2d 249 (2d Cir. 1936) 21

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