SMITH & WIGGINS GIN, INC. v. COMMISSIONER

Docket No. 83260.

37 T.C. 861 (1962)

SMITH & WIGGINS GIN, INC., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed February 1, 1962.


Attorney(s) appearing for the Case

Ben Ferrell Mitchel, Esq., for the petitioner.

Sanford Perry Keziah, Esq., for the respondent.


ATKINS, Judge:

The respondent determined deficiencies in income tax for the taxable years ending July 31, 1955, and July 31, 1956, in the respective amounts of $1,779.55 and $2,704.43.

The issues presented are (1) whether an amount received by a predecessor partnership as insurance proceeds for loss, by fire, of a cotton gin was expended by it in partial replacement of the gin with the result that the depreciation basis of the new gin, to the extent...

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