Legal Opinion

Washington R. & E. Co. v. Commissioner

United States Board of Tax Appeals

Decided December 22, 1939No. Docket No. 92435PublishedCited by 10 opinions

Petitioner, through a subsidiary, operates as a public utility in the District of Columbia, and in 1928 owned certain property located in what is now known as the "Government Triangle" the use of which was necessary in such business. In that year an Act of Congress provided for the acquisition of such property by the Federal Government by condemnation or otherwise.

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Petitioner, through a subsidiary, operates as a public utility in the District of Columbia, and in 1928 owned certain property located in what is now known as the "Government Triangle" the use of which was necessary in such business. In that year an Act of Congress provided for the acquisition of such property by the Federal Government by condemnation or otherwise. In anticipation of such acquistion and in order to carry on its operations without interruption, petitioner made certain expenditures in the purchase of property and construction of buildings, machines, and equipment prior to the…

1Opinion of the Court

*1256OPINION.

Keen:

The narrow question here raised is whether, petitioner having received an award on January 13, 1930, from the Government in excess of the cost of its land and improvements used in supplying electric power to its street railway line and street lighting system and to individual patrons, including the Government itself, and having expended a total sum in replacement in excess of the award, is entitled to treat that part of the total replacement cost spent before the award was made as replacement cost within the meaning of section 112 (f) of the Eevenue Act of 1928. The Government…

2Cases cited4 opinions

  1. Burnet v. ClarkSupreme Court of the United States · 1932
  2. Helvering v. BlissSupreme Court of the United States · 1934
  3. Klein v. Board of Tax Supervisors of Jefferson Cty.Supreme Court of the United States · 1930
  4. United States v. PleasantsSupreme Court of the United States · 1939

3Cited by10 opinions

  1. Loco Realty Company v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1962
  2. Twinboro Corp. v. CommissionerCourt of Appeals for the Second Circuit · 1945
  3. Asjes v. CommissionerUnited States Tax Court · 1980
  4. Wala Garage, Inc. v. United StatesUnited States Court of Claims · 1958
  5. Asjes v. CommissionerUnited States Tax Court · 1980

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