Legal Opinion

Georgia Ry. & Electric Co. v. Commissioner of Int. Rev.

Court of Appeals for the Fifth Circuit

Decided June 1, 1935No. 7738PublishedCited by 15 opinions

1Opinion of the Court

BRYAN, Circuit Judge.

On January 1, 1912, the Georgia Railway & Electric Company leased all its property of every description, including its street railway, electric light and heating plants, to the Georgia Railway & Power Company for a term of 999 years. In 1927 the lessor and the lessee were merged in the Georgia Power Company, and the lease was canceled. The Commissioner of Internal Revenue, in determining deficiencies in the lessor’s income taxes for the years 1917 to 1926, inclusive, refused to allow to it any deduction on account of depreciation of the leased property, and the…

2Cases cited2 opinions

  1. Weiss v. WeinerSupreme Court of the United States · 1929
  2. Commissioner of Internal Rev. v. Terre Haute Elec. Co.Court of Appeals for the Seventh Circuit · 1933

3Cited by15 opinions

  1. Commissioner of Internal Revenue v. Moore. Moore v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1953
  2. Atlantic Coast Line R. Co. v. Commissioner of Int. Rev.Court of Appeals for the Fourth Circuit · 1936
  3. St. Paul Union Depot Co. v. Commissioner of Internal Rev.Court of Appeals for the Eighth Circuit · 1941
  4. Alaska Realty Co. v. Commissioner of Internal Rev.Court of Appeals for the Sixth Circuit · 1944
  5. Gulf, M. & N. R. Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1936

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