J. Russell Parsons and Margaret C. Parsons v. United States

HASTIE, Circuit Judge.

The district court has granted a taxpayer an income tax refund for the year 1949 and the, government has appealed. The only matter in dispute is the amount of depreciation allowable upon the taxpayer’s former residence which had been converted into rental property at the beginning of the taxable year.

The taxpayer built the house at a cost of approximately $30,000. Several years later, when he converted the structure into income producing property, its market value had increásed, without additional capital investment, to more than $50,000. The Commissioner has required…