Legal Opinion

Southern Ry. v. Commissioner

United States Board of Tax Appeals

Decided February 9, 1933No. Docket Nos. 21481, 29951, 37887-37898Published

1. More than four and one-half years prior to the taxable years the Southern Railway Company received certain payments, representing the estimated cost of constructing spur tracks, from individuals and corporations who were to be the beneficiaries of the proposed tracks, under contracts which provided that the railway company would refund such payments, in annual amounts equal to 5 per cent of the revenue accruing to the railway company out of traffic shipped from and to…

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1. More than four and one-half years prior to the taxable years the Southern Railway Company received certain payments, representing the estimated cost of constructing spur tracks, from individuals and corporations who were to be the beneficiaries of the proposed tracks, under contracts which provided that the railway company would refund such payments, in annual amounts equal to 5 per cent of the revenue accruing to the railway company out of traffic shipped from and to said tracks, but in no case was the railway company to make such refund payments for a longer term than four and one-half…

1Opinion of the Court

SOUTHERN RAILWAY COMPANY, PETITIONER, ET AL., 1v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Southern Ry. v. Commissioner

Docket Nos. 21481, 29951, 37887-37898.

United States Board of Tax Appeals

27 B.T.A. 673; 1933 BTA LEXIS 1319;

February 9, 1933, Promulgated

1. More than four and one-half years prior to the taxable years the Southern Railway Company received certain payments, representing the estimated cost of constructing spur tracks, from individuals and corporations who were to be the beneficiaries of the proposed tracks, under contracts which provided that the railway company would refund…

2Cases cited26 opinions

  1. Old Colony Railroad v. CommissionerSupreme Court of the United States · 1932
  2. Burnet v. HoustonSupreme Court of the United States · 1931
  3. Great Northern Railway Co. v. CommissionerUnited States Board of Tax Appeals · 1927
  4. Texas & Pacific Ry. Co. v. United StatesSupreme Court of the United States · 1932
  5. Kansas City S. Ry. v. CommissionerUnited States Board of Tax Appeals · 1929

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