Legal Opinion

Rosenberg Inv. & Realty Trust v. Commissioner

United States Board of Tax Appeals

Decided October 28, 1938No. Docket No. 81963Published

No merger of leasehold estate with the fee results where there is an intervening estate in the leasehold in a third person, and petitioner is entitled to amortize the cost of the leasehold, notwithstanding it is the owner of the fee and owns the lease subject to the outstanding rights of such third person.

1Opinion of the Court

ROSENBERG INVESTMENT & REALTY TRUST, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Rosenberg Inv. & Realty Trust v. Commissioner

Docket No. 81963.

United States Board of Tax Appeals

38 B.T.A. 1051; 1938 BTA LEXIS 793;

October 28, 1938, Promulgated

No merger of leasehold estate with the fee results where there is an intervening estate in the leasehold in a third person, and petitioner is entitled to amortize the cost of the leasehold, notwithstanding it is the owner of the fee and owns the lease subject to the outstanding rights of such third person.

Alfred Beck, Esq., for the…

2Cases cited1 opinion

  1. Rosenberg Inv. & Realty Trust v. CommissionerUnited States Board of Tax Appeals · 1938

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