Ward v. Commissioner

Board of Tax Appeals

Ward v. Commissioner

7 B.T.A. 1107, 1927 BTA LEXIS 3013

CourtUnited States Board of Tax Appeals

DecidedAugust 22, 1927

DocketDocket No. 10471.

StatusPublished

Cited by1 cases

This text of 7 B.T.A. 1107 (Ward v. Commissioner) is published on Counsel Stack Legal Research, covering United States Board of Tax Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ward v. Commissioner, 7 B.T.A. 1107, 1927 BTA LEXIS 3013 (bta 1927).

Pincite

Opinion

[1108]*1108OPINION.

Millieen :

In the case of Chas. N. Manning v. Commissioner, 7 B. T. A. 286, we had occasion to consider the identical question presented by the first issue in this proceeding. On the authority of that decision, the unextinguished cost, $2,000, of the building removed in order to obtain a ten-year lease upon the land, represented the cost to petitioner of such lease and should be exhausted over the ten-year term of the lease.

Concerning the second issue, counsel for petitioner, in brief filed, requests a depreciation allowance of 5 per cent per annum on the building known as the “ Rough Riders.” The building should be depreciated on the basis of its cost in 1913, i. e., $20,000. It had a remaining useful life on March 1, 1913, of 20 years and petitioner is therefore entitled to a deduction for depreciation of 5 per cent per annum.

Judgment will be entered on 15 days’ notice, under Rule 50.

Considered by MaRquette, Phillips, and Van Fossan.

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