Ware River Railroad v. Commissioner

Board of Tax Appeals

Ware River Railroad v. Commissioner

7 B.T.A. 133

CourtUnited States Board of Tax Appeals

DecidedMay 27, 1927

DocketDocket Nos. 8712, 19054

StatusPublished

This text of 7 B.T.A. 133 (Ware River Railroad 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

Ware River Railroad v. Commissioner, 7 B.T.A. 133 (bta 1927).

Pincite

Opinion

[134]*134OPINION.

Littleton :

The decision of the issues presented in these proceedings is governed by the Board’s decision in the Appeal of Providence & Worcester Railroad Co., 6 B. T. A. 1186, in which it was held that amounts representing Federal taxes assessed against the lessor and paid by the lessee under the terms of the lease constituted additional income to such lessor in the nature of compensation for the use of property in the year in which such tax became due and payable. The fact that the Director General of Railroads bore a portion of the tax assessed against the petitioner has no bearing upon the question whether the amount paid to petitioner by the New York Central Railroad Co., lessee, was income to it.

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

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

[134]*134OPINION.

Littleton :

The decision of the issues presented in these proceedings is governed by the Board’s decision in the Appeal of Providence & Worcester Railroad Co., 6 B. T. A. 1186, in which it was held that amounts representing Federal taxes assessed against the lessor and paid by the lessee under the terms of the lease constituted additional income to such lessor in the nature of compensation for the use of property in the year in which such tax became due and payable. The fact that the Director General of Railroads bore a portion of the tax assessed against the petitioner has no bearing upon the question whether the amount paid to petitioner by the New York Central Railroad Co., lessee, was income to it.

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

Cite This Page — Counsel Stack

Bluebook (online)

7 B.T.A. 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ware-river-railroad-v-commissioner-bta-1927.