Mt. Morris Drive-In Theatre Company v. Commissioner of Internal Revenue

238 F.2d 85, 50 A.F.T.R. (P-H) 669, 1956 U.S. App. LEXIS 4996

Opinions

PER CURIAM.

The above cause is affirmed for the reasons given in the memorandum opinion of the Tax Court. The drainage system there involved we think was a capital improvement. There is substantial evidence that it added to the value of the petitioner’s land for the use to which it had been put; that it is immaterial that that increase in value was not by evidence measured in dollars, and that the inferences of the Tax Court could be and were drawn from the physical configuration of the land and what it had been necessary to do to establish thereon the Drive-In Theatre which the petitioner erected thereon.

The decision of the Tax Court is affirmed.