Contracts · MBE-tested
M. J. Hellmers, Petitioner, v. Commissioner of Internal Revenue, Respondent
5 B.T.A. 198·United States Board of Tax Appeals·1926
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
M. J. Hellmers, Petitioner, v. Commissioner of Internal Revenue, Respondent.
Docket No. 4680.
Decided October 27, 1926.
M. J. Hellmers pro se.
Henry Ravenel, Esq., for the respondent.
[MAJORITY — Trammell:]
Trammell:
This is a proceeding for the redetermination of a deficiency in income tax for the calendar year 1922 in the amount of $41.49. The deficiency arises through the action of the Commissioner in disallowing as an expense or loss $1,087.15, the amount paid in excess of the contract price of building a home.
FINDINGS OF FACT.
The taxpayer, during 1922, entered into a contract with a contractor to build a double house, one-half of which was for rental purposes. The contractor charged the taxpayer approximately $8,100 for the completed house. When completed the house was not worth in excess of $6,800.
The taxpayer took as a deduction in'his income-tax return the difference between $6,800 and the cost which he was required to pay the contractor.
Judgment will be entered for the Commissioner.