American Nat. Realty Co. v. Commissioner

136 F.2d 486, 31 A.F.T.R. (P-H) 189, 1943 U.S. App. LEXIS 3075
CourtCourt of Appeals for the Fifth Circuit
DecidedJune 24, 1943
DocketNo. 10566
StatusPublished
Cited by2 cases

This text of 136 F.2d 486 (American Nat. Realty Co. v. Commissioner) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Nat. Realty Co. v. Commissioner, 136 F.2d 486, 31 A.F.T.R. (P-H) 189, 1943 U.S. App. LEXIS 3075 (5th Cir. 1943).

Opinion

WALLER, Circuit Judge.

Petitioner insists that depreciation, taken in years in which its business was operated at a loss should not be deducted from the acquisition costs of property so depreciated in computing its capital gain on a sale of the property.

The contrary conclusion was reached by the Supreme Court in Virginian Hotel Corporation v. Helvering, Commissioner of Internal Revenue, 63 S.Ct. 1260, 87 L.Ed. -, decided June 7, 1943.

The decision of the Board of Tax Appeals is, therefore, affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Orozco v. Commissioner
1994 T.C. Memo. 407 (U.S. Tax Court, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
136 F.2d 486, 31 A.F.T.R. (P-H) 189, 1943 U.S. App. LEXIS 3075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-nat-realty-co-v-commissioner-ca5-1943.