I,

CERTIFICATE.

(Suggested form.)

(State whether clerk of court or secretary of State board or commission of accountancy) hereby certify that...

the applicant for admission to practice before the United States Board of Tax Appeals, is duly admitted to practice as--

(State whether attorney or C. P. A.)
- of the State of....

by the....
(State name of
and that he is now

The above-named taxpayer hereby appeals from the

determination

of the Commissioner of Internal Revenue set forth in his deficiency letter (bureau symbols) dated..

its appeal sets forth the following:

(--

192, and as the basis of

1. The taxpayer is a Delaware corporation with principal office at 120 Broadway, New York City.

2. The deficiency letter (a copy of which is attached) was mailed to the taxpayer on... 192...

3. The taxes in controversy are (income) (profits) (estate) (gift) taxes for the (calendar or fiscal) years (-----) and are less (more) than $10,000.00,

to wit:

the amount disputed).

dollars (state exactly if possible or approximately

4. The determination of tax contained in the said deficiency letter is based upon the following errors:

(Enumerate specifically the assignments of error in a concise manner.)

5. The facts upon which the taxpayer relies as the basis of its appeal are as follows:

(Here set forth a brief statement of the facts-but not the evidence-in orderly and logical sequence, so as to enable the Commissioner to admit or deny each allegation.)

6. The taxpayer, in support of its appeal, relies upon the following propositions of law:

(Here state briefly each question of law in dispute, without argument or citation.)

Wherefore, the taxpayer respectfully prays that this Board may hear and determine its appeal.

(Counsel for taxpayer)

(Post-office address)

STATE OF..

County of

ss:

William Smith, being duly sworn, says that he is the president of the John Doe Company, above named, and as such is duly authorized to verify the foregoing petition; that he has read the said petition, or had the same read to him, and is

L

familair with the statements therein contained, and that the facts therein stated are true, except such facts as are stated to be upon information and belief, and those facts he believes to be true.

To the United States Board of Tax Appeals:

Application is hereby made for the issuance of a subpoena for the attendance before...

(The United States Board of Tax Appeals, or the name

and official title of the person authorized to take depositions) at---

money is desired on behalf of...

of the following persons whose oral testiin the matter of

(Taxpayer or the United States)

the tax liability of the above-named taxpayer now pending on appeal:

You are hereby commanded under penalty of law to be and appear in your proper person before the___

(United States Board of Tax Appeals

day of

or the name and official title of the person authorized to take depositions) -----on the.. ..o'clock...m., then and there to testify on in the matter of the tax liability of

at---

--;

192----,

at.

behalf of

(Taxpayer or the United States)

now pending before this Board.

You are required to bring with you the following, to wit:

By order of the United States Board of Tax Appeals, this.

[SEAL.]

(See Rule 40.)

OF

192----.

PROOF OF SERVICE.

-day of

(Member)

Cou y of

being first and duly sworn says:-I am a citizen of the United States of America, over the age of twenty-one years, and not a party to or in any way interested in the appeal in which this subpoena was issued.

..day of...

That on the.......... 192, I served the annexed subpoena on the following witnesses named therein at the places set opposite their respective names, by delivering to and leaving with each of them personally a copy of said subpoena and at the same time exhibiting to each of them this original.

NAME.

PLACE OF SERVICE.

(For witnesses subpoenaed on behalf of taxpayer.)

That at the time of such service I tendered to each of said witnesses the sum of $.. the same being the fees and mileage provided by section 900 (i) of the Revenue Act of 1924.

is a person authorized to administer oaths under the Revenue Act of 1924, it is by the Board, this.

day of..

192_..

ORDERED, That the depositions of the said witnesses above named be taken

And it is further ORDERED, That the said depositions be taken before ___of__

(Official title)

for that purpose.

who is hereby designated by the Board

The said depositions shall be taken and the same returned to this Board in accordance with the rules of the Board.

That said witness were examined under oath at such times and places as conditions of adjournment required, and that the testimony of said witness_... (or their answers to the interrogatories filed) was taken stenographically and reduced to typewriting by me or under my direction.

2. I further certify that after the said testimony of said witness. was reduced to writing the transcript of the testimony was read and signed by said witness in my presence, and that--- - acknowledged

(Each of them or he)

before me that said testimony was in all respects truly and correctly transcribed 3. I further certify that, after the signing of the deposition in my presence, no alterations or changes were made therein.

(Signature of person taking deposition)

(Official title)

[SEAL.]

(NOTE. The order and return should be attached to and bound with the transcript preceding the first page thereof. It should then be inclosed in a sealed. envelope and addressed to United States Board of Tax Appeals, Earle Building, Washington, D. C.)

INDEX

ABANDONMENT. See Depreciation, X, 3, 6; Losses, II, 1-8; III,
1, 2.
ABATEMENT CLAIMS. See Jurisdiction, III, 8, 9, 19, 20, 39; IV.
ABNORMALITY. See Estoppel, 2, 3; Invested Capital, IX.
ACCOUNT BOOKS. See Depreciation, VIII, 1; Dividends, III, 15;
Evidence, II, 1–5; V, 1, 2; Învested Capital, X, 2.

See Bad Debts, II-V.

See Contributions, I, 5; Estate Tax, III, 2; Evi-

Charging off bad debts.
ACCOUNTANTS.
dence, II, 7; V, 1, 2.
ACCOUNTING:

Accrual or cash. See I, 1-8, infra; Bad Debts, VII, 1; Compensa-
tion, 4-7; Contracts III, 1, 2; Contributions, I, 1, 2; Credits, II,
1; Discount; Estate Tax, IV; Excess Profits Tax, 1, 2; Expenses,
III; VIII, 11-24; IX, 1; Gain or Loss, III, 2; Interest, III;
Inventories, I, 6; II, 12: Invested Capital, X, 17, 19; Losses, I;
Royalties; Taxes, II (2).

Accrual or installment.

Charging off bad debts.

See Installment Sales, 1-3.
See Bad Debts, II-V.

Constructive receipt. See I, 4-6, infra; Bad Debts, VII; Com-
pensation, 4-7; Discount; Dividends, II, 5; Invested Capital,
X, 19; Royalties.

Computation. See Credits, II, 2; III; Depletion; Depreciation;
Discount; Estate Tax; Excess Profits Tax; Gain or Loss;
Gaming, 3, 4; Installment Sales; Inventories; Invested
Capital; Losses; Mistake; Net Income; Rates.

Reserves. See Capital Expenditures, I, 25; Contracts, III, 1, 2;
Depreciation, II, 4; VIII, 2; Expenses, II, 3; III, 8, 11; XII;
Invested Capital, X, 17; Losses, I, 4, 5.

I. Accounting Methods.

1. Cash or Accrual. Where all items of income and expense were
accrued on books, with exception of insurance liability,
omission of that item does not justify conclusion that
method of accounting was not accrual method. Madison
& Kedzie State Bank..-

2. Id. Where only income accruable was discount, which was
accrued as earned, and only expense accruable was interest,
which was accrued by crediting it to savings deposits
quarterly, held, that books were on accrual basis. Bank of
Hartsville.

3. Id. Uniformity; Income and Deductions. Where income is re-
ported on cash basis, items accrued but not paid during
taxable year are not deductible. Henry Reubel_

4. Id. Receipt of Income is essential to taxability only when
books are on cash basis. Clarence Schock__

5. Id.

Where books are on accrual basis, actual or constructive
receipt of income is not essential; income must be reported
when it accrues, without regard to time of receipt. Id.
6. Id. Items Improperly Reported in Prior Year, but which
constitute income within year under method of accounting
employed, must be returned in that year. Chatham &
Phenix Natl. Bank.

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