ACCRUE - Black's Law Dictionary

What is ACCRUE? Definition of ACCRUE in Black's Law Dictionary

Derived from the Latin, "ad" and "creso," to grow to. In past tense, in sense of due and payable; vested. It means to increase; to augment; to come to by way of increase; to be added as an increase, profit, or damage. Hartsfield Co. v. Shoaf, 184 Ga. 378, 191 S.E. 693, 695.

Acquired; fell due; made or executed; matured; occurred; received; vested; was created; was incurred. H. Liebes & Co. v. Commissioner of Internal Revenue, C.C.A.9, 90 F.2d 932, 936. To attach itself to, as a subordinate or accessory claim or demand arises out of, and is joined to, its principal. Lifson v. Commissioner of Internal Revenue, C.C.A.8, 98 F.2d 508.

Produce of money lent. "Interest accrues to principal." Weiss v. Commissioners of Land Office, 182 Okl. 39, 75 P.2d 1142, 1144. Costs accrue to a judgment.

The term is also used of independent or original demands, and then means to arise, to happen, to come into force or existence; to vest; as in the phrase, "The right of action did not accrue within six years." Amy v. Dubuque, 98 U.S. 470, 476, 25 L. Ed. 228. To 'become a present right or demand; to come to pass. H. Liebes & Co. v. Commissioner of Internal Revenue, C.C.A.9, 90 F.2d 932, 936.

It is distinguished from sustain; Adams v. Brown, 4 Litt. (Ky.) 7; and from owing; Gross v. Partenheimer, 159 Pa. 556, 28 A. 370; Fay v. Holloran, 35 Barb. (N. Y.) 295; it is also distinguished from arise; State v. Circuit Court of Waushara County, 165 Wis. 387, 162 N.W. 436, 437.

Cause of Action

A cause of action "accrues" when a suit may be maintained thereon. Dillon v. Board of Pension Com'rs of City of Los Angeles, 18 Ca1.2d 427, 116 P.2d 37, 39, 136 A.L.R. 800. Whenever one

person may sue another. Hensley v. Conway, Tex.Civ.App., 29 S.W.2d 416, 418.

Cause of action "accrues," on date that damage is sustained and not date when causes are set in motion which ultimately produce injury. City of Philadelphia v. Lieberman, C.C.A.Pa., 112 F.2d 424, 428. Date of injury. Fredericks v. Town of Dover, 125 N.J.L. 288, 15 A.2d 784, 787. When actual damage has resulted. National Lead Co. v. City of New York, C.C.A.N.Y., 43 F.2d 914, 916. As soon as contract is breached. Wichita Nat. Bank v. United States Fidelity & Guaranty Co., Tex.Civ.App., 147 S.W.2d 295, 297.

Contracts

The word accrued, as Used in reference to contracts in which process may be sent out of the country to be served, has reference to the place where the contract was made and executed. Phelps v. McGee, 18 Ill, 155, 158.

Taxation

Income "accrues" to taxpayer when there arises to him a fixed or unconditional right to receive it. Franklin County Distilling Co. v. Commissioner of Internal Revenue, C.C.A.6, 125 F.2d 800, 804, 805. But not unless there is a reasonable expectancy that the right will be converted into money or its equivalent. Swastika Oil & Gas Co. v. Commissioner of Internal Revenue, C.C.A.6, 123 F.2d 382, 384.

Where taxpayer makes returns on accrual basis, item "accrues" when all events occur which fix amount payable and determine liability of taxpayer. Hudson Motor Car Co. v. U. S., Ct.C1., 3 F. Supp. 834, 847.

Tax "accrues" for deduction when all events have occurred which fix amount of tax and determine liability of taxpayer for it, although there has not yet been assessment or maturity. Elmhirst v. Duggan, D.C.N.Y., 14 F.Supp. 782, 784.

Estate tax "accrued," immediately on death, though not payable until one year thereafter. Ewbank v. U. S., C.C.A.Ind., 50 F.2d 409.

 

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