Legal Opinion

In re Central of Georgia Ry. Co.

District Court, S.D. Georgia

Decided November 4, 1942No. 4829PublishedCited by 4 opinions

1Opinion of the Court

LOVETT, District Judge.

The main question now for decision is whether a long term lease of a railroad must expressly, directly and in words provide for the payment of federal taxes on income from rentals to justify the imposition of such a burden on the lessee.

The issue arises in this way: The debt- or, a Georgia corporation, is being reorganized under section 77 of the Bankruptcy Act, 11 U.S.C.A. § 205. The Augusta and Savannah Railroad, owned by a Georgia corporation, on October 24, 1895, was leased to the debtor for a term of 101 years with a perpetual right of renewal. Recently the trustee…

2Cases cited67 opinions

  1. Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
  2. Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
  3. Pritchard v. NortonSupreme Court of the United States · 1882
  4. Scudder v. Union National BankSupreme Court of the United States · 1875
  5. Insurance Co. v. DutcherSupreme Court of the United States · 1877

62 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Trans-Lux Radio City Corp. v. Service Parking Corp.District of Columbia Court of Appeals · 1947
  2. Monongahela Street Railway Co. v. Philadelphia Co.Supreme Court of Pennsylvania · 1944
  3. In Re Penn Central Transportation CompanyDistrict Court, E.D. Pennsylvania · 1972
  4. In re Central of Georgia Ry. Co.District Court, S.D. Georgia · 1945

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