COMMISSIONER OF INTERNAL REVENUE v. SCHUYLER

No. 170, Docket 22222.

196 F.2d 85 (1952)

COMMISSIONER OF INTERNAL REVENUE v. SCHUYLER et al.

United States Court of Appeals Second Circuit.

Decided April 14, 1952.


Attorney(s) appearing for the Case

Ellis N. Slack, Acting Asst. Atty. Gen., Robert N. Anderson and John J. Kelley, Jr., Sp. Assts. to Atty. Gen., for petitioner.

George A. Reed, Reed & Reed, Naples, N. Y., for respondents.

Before SWAN, Chief Judge, and CLARK and FRANK, Circuit Judges.


SWAN, Chief Judge.

For the taxable year 1947, the Commissioner required the taxpayers to change from the cash basis of reporting income to the accrual basis, on which their books were kept, and included in gross income the closing inventory of the year but disallowed the deduction of the opening inventory. The Tax Court permitted the taxpayers to deduct the opening inventory. The correctness of this ruling is the sole question presented.

The facts are undisputed...

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