Driscoll v. Commissioner of Internal Revenue

147 F.2d 493 (1945)

DRISCOLL

v.

COMMISSIONER OF INTERNAL REVENUE.

No. 11048.

Circuit Court of Appeals, Fifth Circuit.

February 22, 1945.

J. P. Jackson and S. G. Winstead, both of Dallas, Tex., for petitioner.

John F. Costelloe, Sewall Key, and Robert N. Anderson, Sp. Assts. to the Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, and Bernard D. Daniels, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before SIBLEY, HOLMES, and WALLER, Circuit Judges.

WALLER, Circuit Judge.

After construction of the hotel building of the taxpayer had…