Legal Opinion

Brown v. Commissioner

United States Board of Tax Appeals

Decided February 25, 1932No. Docket Nos. 33343, 33345Published

Where petitioners inherit an estate in real property limited in duration to the life of a person then in being, they are entitled to a deduction from 1925 income for depreciation on the improvements situated on said real estate, equitably apportioned between them and the remaindermen.

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Where petitioners inherit an estate in real property limited in duration to the life of a person then in being, they are entitled to a deduction from 1925 income for depreciation on the improvements situated on said real estate, equitably apportioned between them and the remaindermen. Section 214(a)(8), Revenue Act of 1926. Deduction for depreciation apportioned in the same way also allowed from 1923 and 1924 income under Revenue Acts of 1921 and 1924. Rose v. Grant, 39 Fed.(2d) 338, followed.

1Opinion of the Court

H. C. BROWN, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

MAUDE BROWN PLETTNER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Brown v. Commissioner

Docket Nos. 33343, 33345.

United States Board of Tax Appeals

25 B.T.A. 631; 1932 BTA LEXIS 1496;

February 25, 1932, Promulgated

Where petitioners inherit an estate in real property limited in duration to the life of a person then in being, they are entitled to a deduction from 1925 income for depreciation on the improvements situated on said real estate, equitably apportioned between them and the remaindermen. Section…

2Cases cited6 opinions

  1. Irwin v. GavitSupreme Court of the United States · 1925
  2. Keitel v. CommissionerUnited States Board of Tax Appeals · 1929
  3. Atterbury v. CommissionerUnited States Board of Tax Appeals · 1924
  4. Whitcomb v. CommissionerUnited States Board of Tax Appeals · 1926
  5. Kissel v. CommissionerUnited States Board of Tax Appeals · 1929

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