Roxburghe v. Burnet

MARTIN, Chief Justice.

Appellant was the beneficiary in a moiety estate in certain houses and lands held by trustees jmder the will of her father, and was entitled to receive the entire net income therefrom during her life, at her death the corpus of the trust was to go to her children.

In her income tax return for the year 1920 appellant claimed a deduction of 3 per cent, from the gross income actually received by her from the trust, for depreciation on account of wear and tear upon the houses composing the trust property.

The deduction was disallowed by the Commissioner of Internal Revenue,…