Legal Opinion

Carolina, C. & O. R. Co. v. Commissioner

United States Tax Court

Decided June 4, 1984No. Docket No. 10761-78PublishedCited by 12 opinions

1. P, a common carrier by rail, leased all of its railroad properties on a net basis for 999 years. The lessee purchased and retired outstanding bonds of P, and the amounts expended by the lessee were reflected in open accounts that P would, subject to other adjustments, be required to satisfy at the end of the 999-year lease.

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1. P, a common carrier by rail, leased all of its railroad properties on a net basis for 999 years. The lessee purchased and retired outstanding bonds of P, and the amounts expended by the lessee were reflected in open accounts that P would, subject to other adjustments, be required to satisfy at the end of the 999-year lease. Held, the indebtedness to the lessees differs so fundamentally from the original bond obligation that P may not treat one as a substitute for the other. 2. P claimed an investment credit for replacement property and additions and betterments (A-B property) constructed…

1Opinion of the Court

Wilbur, Judge:

Respondent determined the following deficiencies in the Federal income tax of the Carolina, Clinchfield & Ohio Railway Co.:

1972. $300,276.23

1973. 353,140.19

1974. 331,341.91

1975. ,476.515.98

Total. 1,461,274.31

The issues for our decision are (1) whether petitioner realized additional income from cancellation of indebtedness in the years at issue; (2) whether petitioner is entitled to claim an investment credit on additions, betterments, and replacements of its track structure made by its lessees; (3) whether petitioner’s election to exclude certain items from income under section…

2Cases cited38 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
  3. James v. United StatesSupreme Court of the United States · 1961
  4. Crane v. CommissionerSupreme Court of the United States · 1947
  5. United States v. Kirby Lumber CoSupreme Court of the United States · 1931

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

3Cited by12 opinions

  1. Michaels v. CommissionerUnited States Tax Court · 1986
  2. Kansas City S. Indus. v. CommissionerUnited States Tax Court · 1992
  3. Jelle v. CommissionerUnited States Tax Court · 2001
  4. Carolina, Clinchfield and Ohio Railway Company v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1987
  5. Rogers v. CommissionerUnited States Tax Court · 1990

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

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