Burnet v. Porter, 283 U.S. 230 (1931)

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Burnet v. Porter


No. 203


Argued March 12, 1931
Decided April 13, 1931
283 U.S. 230

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT

Syllabus

1. The Commissioner of Internal Revenue, after approving a deduction for loss in an income tax return and allowing a claim for refund of the proportional part of the tax, had authority to reopen the case later, disallow the deduction and redetermine the tax.

2. Decided, as respects proof of deductible loss, upon the authority of Burnet v. Houston, ante, p. 223.

39 F.2d 360 reversed.

Certiorari, 282 U.S. 821, to review a judgment which reversed a decision of the Board of Tax Appeals, 13 B.T.A. 279, sustaining disallowance of a deduction for a loss in an income tax return.