Legal Opinion

Fairfax County Water Authority v. United States

District Court, E.D. Virginia

Decided September 26, 1963No. Civ. A. No. 2612PublishedCited by 3 opinions

1Opinion of the Court

LEWIS, District Judge.

This is a civil suit for the recovery of federal income taxes and interest paid for the years 1955 through 1958. Jurisdiction is invoked under the provisions of § 1346, Title 28, U.S.C. The case was heard by the Court; the jury was waived.

The questions presented for determination are:(1) Whether certain frontage charges collected by the Annandale Water Company, Inc., from abutting property owners, when and as they became customers, constitute gross income taxable under § 61(a),1 or nontaxable contributions to capital under § 118(a),2 of the Internal Revenue Code of 1954;…

2Cases cited5 opinions

  1. Detroit Edison Co. v. CommissionerSupreme Court of the United States · 1943
  2. Edwards v. Cuba RailroadSupreme Court of the United States · 1925
  3. Teleservice Company of Wyoming Valley v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1958
  4. Commissioner of Internal Revenue v. Arundel-Brooks Concrete Corp.Court of Appeals for the Fourth Circuit · 1945
  5. Tampa Elec. Co. v. CommissionerUnited States Board of Tax Appeals · 1928

3Cited by3 opinions

  1. State Farm Road Corp. v. CommissionerUnited States Tax Court · 1975
  2. Hayutin v. CommissionerUnited States Tax Court · 1972
  3. State Farm Road Corp. v. CommissionerUnited States Tax Court · 1975

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