Wiener v. Weiss

WESTENHAVER, District Judge.

These actions are brought to recover income taxes for the years 1918,1919, and 1920, paid under protest. The conditions precedent to the right to maintain them, have been complied with. They have been heard and submitted upon an agreed statement of facts. As all material facts and questions of law are the same in both eases, they will be disposed of in one memorandum.

The question, involved is the right of plaintiff, as lessee of real estate under 99-year leases renewable forever, to deduct depreciation on buildings in addition to a deduction of all sums paid as…