Graves v. Commissioner

Ninth Circuit

Graves v. Commissioner

400 F.2d 528, 22 A.F.T.R.2d (RIA) 5465

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 29, 1968

DocketNos. 22004, 22004-A

StatusPublished

Cited by1 cases

This text of 400 F.2d 528 (Graves v. Commissioner) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Graves v. Commissioner, 400 F.2d 528, 22 A.F.T.R.2d (RIA) 5465 (9th Cir. 1968).

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Opinion

PER CURIAM:

The decision of the Tax Court is reported at 48 T.C. 7 (1967).

The only significant questions raised on this petition are (1) whether the Tax Court’s determination as to the useful lives of several properties in issue was clearly erroneous and (2) whether the Tax Court erred in concluding that the Commissioner was not precluded, because of an alleged prior approval, from adjusting the depreciation basis of the same properties. The test to be applied in the determination of useful life is well established. Massey Motors, Inc. v. United States, 364 U.S. 92, 97, 80 S.Ct. 1411, 4 L.Ed.2d 1592 (1960); Treas. Reg. 1.167(a)-l(b). Despite some questionable language in the Tax Court’s opinion with regard to this test, we believe that the Tax Court applied the established legal standards and reached a conclusion which is not clearly erroneous. As to the second issue, we agree with the reasoning set forth in the Tax Court’s opinion.

Affirmed.

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PER CURIAM:

The decision of the Tax Court is reported at 48 T.C. 7 (1967).

The only significant questions raised on this petition are (1) whether the Tax Court’s determination as to the useful lives of several properties in issue was clearly erroneous and (2) whether the Tax Court erred in concluding that the Commissioner was not precluded, because of an alleged prior approval, from adjusting the depreciation basis of the same properties. The test to be applied in the determination of useful life is well established. Massey Motors, Inc. v. United States, 364 U.S. 92, 97, 80 S.Ct. 1411, 4 L.Ed.2d 1592 (1960); Treas. Reg. 1.167(a)-l(b). Despite some questionable language in the Tax Court’s opinion with regard to this test, we believe that the Tax Court applied the established legal standards and reached a conclusion which is not clearly erroneous. As to the second issue, we agree with the reasoning set forth in the Tax Court’s opinion.

Affirmed.

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400 F.2d 528, 22 A.F.T.R.2d (RIA) 5465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graves-v-commissioner-ca9-1968.

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