J. H. MARTINUS & SONS v. COMMISSIONER OF INTERNAL REVENUE

No. 9578.

116 F.2d 732 (1940)

J. H. MARTINUS & SONS v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

December 31, 1940.


Attorney(s) appearing for the Case

Philip G. Sheehy, of San Jose, Cal., and W. H. Morrissey, of Redwood City, Cal., for petitioner.

Samuel O. Clark Jr., Asst. U. S. Atty. Gen., and Norman D. Keller, Morton K. Rothschild, and Michael H. Cardozo, IV, Sp. Assts. to Atty. Gen., for respondent.

Before MATHEWS, HANEY, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

Petition to review a decision of the Board of Tax Appeals sustaining the assessment of a deficiency in income taxes paid for the year 1935. The question presented is whether the taxpayer may deduct as a business expense salaries authorized but not paid during the tax year, where the return was prepared on the cash basis.

The taxpayer is a small family corporation engaged in farming. The officers and principal stockholders, members of...

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