Lucas v. North Texas Lumber Co 15, 16 1930, 92

Citation281 U.S. 11,50 S.Ct. 184,74 L.Ed. 668
Decision Date24 February 1930
Docket NumberNo. 92,92
PartiesLUCAS, Commissioner of Internal Revenue, v. NORTH TEXAS LUMBER CO. Argued Jan. 15, 16, 1930
CourtUnited States Supreme Court

The Attorney General and Mr. Charles E. Hughes, Jr., Sol. Gen., of Washington, D. C., for petitioner.

Messrs. Albert B. Hall and Joseph J. Eckford, both of Dallas, Tex., for respondent.

Mr. Justice BUTLER delivered the opinion of the Court.

The respondent, a Texas corporation, for some time prior to 1917 was engaged in operating a sawmill, selling lumber and buying and selling timber lands. December 27, 1916, it gave to the Southern Pine Company a ten-day option to purchase its timber lands for a specified price. The latter was solvent and able to make the purchase. On the same day title was examined and found satisfactory to the Pine Company. It arranged for the money needed, and December 30, 1916, notified respondent that it would exercise the option, On that day respondent ceased operations and withdrew all employees from the land. January 5, 1917, the papers which were required to effect the transfer were delivered, the purchase price was paid, and the transaction was finally closed.

Respondent kept its accounts on the accrual basis, and treated the profits derived from the sale as income in 1916. The Commissioner of Internal Revenue determined that the gain had been realized in, and was taxable for, 1917. The Board of Tax Appeals sustained his finding. 7 B. T. A. 1193. The Circuit Court of Appeals reversed the Board. 30 F.(2d) 680.

The gain derived from this sale was taxable income.1 If attributed to 1916, the tax would be much less than if made in 1917.2 Section 13(d) of the Revenue Act of 1916 provided that a corporation keeping its accounts upon any basis other than that of actual receipts and disbursements, unless such other basis failed clearly to reflect income, might make return upon the basis upon which its accounts were kept and have the tax computed upon the income so returned.3

An executory contract of sale was created by the option and notice, December 30, 1916. In the notice, the purchaser declared itself ready to close the transaction and pay the purchase price 'as soon as the papers were prepared.' Respondent did not prepare the papers necessary to effect the transfer or make tender of title or possession or demand the purchase price in 1916. The title and right of possession remained in it until the transaction was closed. Consequently unconditional liability of vendee for the purchase price was not created in that year. Gober v. Hart, 36...

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    ...291 U.S. 193, 201, 54 S.Ct. 356, 360, 78 L.Ed. 725 (1934)), and "unconditional", id. (quoting Lucas v. North Tex. Lumber Co., 281 U.S. 11, 13, 50 S.Ct. 184, 184-85, 74 L.Ed. 668 (1930)). The issue is not the ability vel non of WTMC to pay post-petition interest on the unsecured claims. See ......
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    ...291 U.S. [193,] 201, 54 S. Ct. [356,] 360, [L. Ed. 725 (1934)], and must be "unconditional," Lucas v. North Texas Lumber Co., 281 U.S. 11, 13, 50 S. Ct. 184, 185, 74 L. Ed. 668 (1930). And one may say that "the tax law requires that a deduction be deferred until 'all the events' have occurr......
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    ...291 U.S. [193,] 201, 54 S. Ct. [356,] 360, [L. Ed. 725 (1934)], and must be "unconditional," Lucas v. North Texas Lumber Co., 281 U.S. 11, 13, 50 S. Ct. 184, 185, 74 L. Ed. 668 (1930). And one may say that "the tax law requires that a deduction be deferred until 'all the events' have occurr......
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    ...64 T.C. 752, 763 (1975), affd. 76-2 USTC ¶ 9773 544 F. 2d 1045 (9th Cir. 1976). See also Lucas v. North Texas Lumber Co. 2 USTC ¶ 484, 281 U.S. 11 (1930); United States Freight Co.v. United States 70-1 USTC ¶ 9244, 190 Ct. Cl. 725, 422 F. 2d 887 (1970); Lawler v. Commissioner 35-2 USTC ¶ 94......
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  • The Treatment of Contingent Liabilities in Taxable Asset Acquisitions
    • United States
    • Mondaq United States
    • March 5, 2004
    ...Flour Mills Co. v. Commissioner, U.S. 281, 287 (1944), Brown v. Helvering, 291 U.S. 193, 201 (1934) and Lucas v. North Texas Lumber Co., 281 U.S. 11, 13 The first two components of the above rule are referred to as the "all events" test, which originated in United States v. Anderson 269 U.S......

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