Appeal of CROWELL & LITTLE CONSTRUCTION CO.

Appeal of CROWELL & LITTLE CONSTRUCTION CO. Docket No. 3658. Submitted November 21, 1925. Decided February 17, 1926. Edward T. Quigley, Esq., for the taxpayer. A. S. Murray, Esq., for the Commissioner. Before Maequette, Moeeis, Geeen, and Love. This is an appeal from the determination of a deficiency of $14,906.86 in income and profits taxes for the calendar year 1920, of which $5,412.88 is in controversy. The question involved is the de-ductibility of a net loss sustained during the period April 8, 1919, to December 31, 1919, there being no corporate existence prior to that time, from 1920 income. FINDINGS OP PACT. 1. The taxpayer is an Ohio corporation, organized and incorporated April 8,1919, and engaged- in the general contracting business. 2. The taxpayer kept its books and rendered its returns on a calendar year basis. Its amended return for the period April 8, 1919, to December 31,1919, inclusive, showed a net loss of $11,767.02. For the calendar year 1920 the taxpayer had a net income of $16,519.36, from which it deducted the above net loss in computing its taxable income for that year. This deduction was disallowed by the Commissioner. [MAJORITY] DECISION. The determination of the Commissioner is approved. Appeal of Butler's Warehouses, Inc., 1 B. T. A. 851.