Depreciation-Continued In general-Continued Definition in Regulations 103_ Definition in Regulations 111. "Depreciable property" definition in Regulations 103_. Election of certain methods; regulations__. Page 168 (note 1) 168 (note 2) 183 183 Administrative latitude of interpretation permissible under accel- 180 Commissioner's pre-1956 position determinable only from litigated cases. 178 Concept not to convert ordinary income into capital gain____ 167–168, 170 180 168-169 171 (note 5)` 180 174 (note 2) 173 Determination in Board of Tax Appeals and Tax Court cases; cita- Effect of accelerated depreciation provisions_ Meaning of the term not determinable from statutes or regulations_ 176 as the Period of use in the taxpayer's business__ Salvage value capital gains; administrative treatment_ of Automobiles generally: Useful life longer than holding period; cases analyzed. of Automobiles in rental and allied services: Basis the cost to taxpayer less resale value_ Resale less depreciated value as capital gain.......... Salvage value: 169-170 178 176-179 166 166, 167 183 182 166 182 Useful life the period of use by the taxpayer. 166, 168, 169 167 Declining-balance method not to defeat "useful life" concept_-_ 180 as Limitation on depreciation allowable; validity of regulations_-- as Resale value___. as Value at time of disposition___. Medical supplies, subsistence, etc. from Red Cross to be applied against Administrative powers of revenue officers over seized property- 131 131 79 43 43 (note 19) Distraint-Continued Page Property seized by federal revenue officers to remain in their custody-- 79-80 for Tax delinquency: Recovery of property by summary proceeding, circuit court conflict__ 59 79 78 79 Use on large scale as adversely affecting voluntary assessment system 51 (note 43) District Courts: as Forums for adjudication of suits for refund___ Denial in case of new trial ordered after rehearing following reversal 60 20-27 Educational Institutions: E Property owned by, Michigan tax exemption to lessees-- in State taxation: Classification power limited where Federal interests involved.. Estoppel, Collateral: 18 18 17 Applicability of doctrine to suit for refund of part payment of tax------ Penalty provision of § 145 (b), I.R.C. '39_. Evidence: 21 (note 2) Competence in proof of guilt and probable cause distinguished____ Property interest requisite to constitute movant as "person ag- 70, 71-72 Standing of movant charged with illegal possession of narcotics___. 69-72 69 Excise Taxes, Manufacturers: Administrative rulings of inapplicability, effect of reliance upon; 153-154 F Fact-Finding: Compliance with Rule 52, Federal Rules of Civil Procedure____ 114-115 Conclusory findings inadequate to reviewing court's requirements--- 114-115 Uniformity not to be defeated by State-created rules_____. Depletion allowance in case of integrated mining and manufacturing Ground fire clay as first "commercially marketable product”_ 156-164 158, 164 First Amendment: Rights not to be abridged directly or indirectly by government_---- 34 Retail sales tax, incidence and rate_. Use tax, collection by dealer____ 63 (note 1) Forfeiture Proceedings: Required under threat of court order to return property--- in Continuance of conspiracy to evade Federal income tax. G General Services Administration: Successor to War Assets Administration___ Gifts: Awards excluded__. as Concept of broad meaning in the Internal Revenue Code__ Page 113 (note 12) 134 Exclusion from gross income: In general__ 107-138 Appellate review restricted_. 114 Basic facts and factual inferences therefrom to determine_ 121-122 111-112 Burden of proof on donee in case of forceful business implications-- 117-118 114 Considerations affecting determinations of fact not acceptable as rules 112-113 124 112-113 for Equality of tax treatment with subsistence relief.. Fact-finding tribunal's conclusions to be given primary weight____ 113-114 Intention of donor as controlling-- 114-115 110-112, 117 Governing principles necessarily general and spelled out by Supreme Judicial test, text proposed by Government.. Jury finding of excludibility upheld---. Law as established by prior Supreme Court decisions_. Litigation volume reducible by legislation---. Principles affecting fact-finding not acceptable as rules of law----- Statutory history. Typical situations presenting the problem-- Supreme Court review authority limited.. Fact-finders' scope to determine_-_ Meaning of term in income tax statutes: Common-law concept differentiated_ Decisional determination_- Definition proposed by Government: Text--- Rejection by Supreme Court; analysis and reasons_ as Principle of non-taxability of certain receipts.. Prizes excluded_. 110 (note 6) 121 113 112-113 110 111 122 129 111 110 110 (note 6) 113 (note 12) 121 121 Strike assistance as gifts and therefore excludible from gross income___ "Gross Income From Mining" (see also Depletion): "Commercially marketable product" as the source based on industry- 157 157 Definition in statute____. Hearsay Evidence: H as "Probable cause" for issuance of search warrant_-_ as "Probable cause" for search and seizure with and without warrant-- Bills for relief through prepayment litigation in district courts (81st, 82d, 83d Congresses), citation_.. 45 (note 25) Board of Tax Appeals establishment as relief from hardships of bar___ 44 Interstate Commerce: Page Florida retail sales tax statute not an unconstitutional burden___. 63-66 Definition in the statute__ 189 Temporary "taking" under Motor Carrier Claims Act not included_ 186-189 Legislative History (see also Construction of Statutes): American and English recognition in statutory construction contrasted_ 5 Ordinances of Little Rock and North Little Rock‒‒‒‒‒‒‒ 29 (text in note 2), Liens, Contractors': 30 (note 4), 31 (note 8) New York Lien Law provisions affecting amounts due contractors from 139, 140 (text in note 2), North Carolina provisions governing contractors' property rights subject Liens, Federal: 147 (note 3) Junior federal lien divestiture under state procedures, no federal rule Protection against prior private liens; statutes_. 100, 105-106 100 148 on Amounts due construction contractors limited to excess over obliga- as Attaching only to property rights created under state law--- 141, 148 (note 4) as Attaching to receipts of contractors in trust for subcontractors--- 143–144 145 Creation only by federal statute__ 94 Divestiture preferably to be governed by state law in absence of federal Duration and extent as limited by state law of property. when Junior to private liens, federal statutes as prescribing exclusive procedures____. 100-106 by State proceedings.. 94-106 Federal rule of property impracticable for priority purposes---- 148 (note 4) 96-99, 103 Judicial determination of state law or uniform federal rule governing_ 95 protection 105-106 Liens, Federal Tax-Continued In general, cases cited.. Equivalence of situations as calling for uniform federal rule... Page 143 (note 1) 144 144 144 141 (notes 3, 4, 5 ), 142 145 (note 6) as Federal question to be determined by federal courts.... on Property of general contractors defaulting on payments to subcon- 146-148 on Property of general contractors liened by subcontractors, priority- 139–145 Redemption by United States in case of prior private lien_-_ Release or partial discharge of property by the Secretary of the Treas- State law of property as governing duration and extent-- Liens, Private: 95 103 102 (note 2) 95 96 (text in note 6) Enforcement in case of federal lien_____. 97-99, 103-106 (text of statute in note 9) Statutes lifting bar of federal immunity from suit in case of federal 105-106 96-99 Suits to enforce as suits against the United States; consent requirement 96 Life Insurance: Inclusion in estate when not payable to estate: Premiums paid by decedent: Administrative history as forewarning of statutory enactment---- Policy ownership incidents in decedent: statutory provisions; regu- 88 (note 1), 89 (note 2) 91 90-91 Retroactive operation of taxing statute denied.. 91 88 (note 1), 89 (note 2) 90 as Transfers inter vivos completed at death--- Damages held not to be taxable income; I.T. 2420; Rev. Rul. 54–19--- 130, 131 Losses: 90-91 90 91 (note 3) Reimbursement by Germant Government, income tax status: Revenue 132 Compensation excluded from income as return of capital---- 126 Losses from Casualty: Deductible amount reduced by disaster relief payments to rehabilitate 131 M Michigan: Lessees of tax-exempt property; classification for tax purposes--- Minerals (see also Depletion): 18 (notes 9, 10, 11) "Commercially marketable" not to imply profitably marketable_- 161, 162, 163 (note 10) |