Legal Opinion

Boston E. R. Co. v. Commissioner

United States Board of Tax Appeals

Decided December 9, 1941No. Docket Nos. 83489, 97991, 100480, 102555Published

1. The managing and operating of petitioner's property by trustees under the provisions of the Public Control Act of Massachusetts (1918) and acts amendatory thereof, did not create the relationship of lessor and lessee so as to make applicable the provisions of article 70 of Regulations 77, Revenue Act of 1932, and other similar regulations of a later date, providing for the return of "income to lessor from leased property."

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1. The managing and operating of petitioner's property by trustees under the provisions of the Public Control Act of Massachusetts (1918) and acts amendatory thereof, did not create the relationship of lessor and lessee so as to make applicable the provisions of article 70 of Regulations 77, Revenue Act of 1932, and other similar regulations of a later date, providing for the return of "income to lessor from leased property." Boston Elevated Railway Co.,37 B.T.A. 494, followed on this point. 2. Under the Public Control Act, if for any year the income from the properties was insufficient to…

1Opinion of the Court

BOSTON ELEVATED RAILWAY COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Boston E. R. Co. v. Commissioner

Docket Nos. 83489, 97991, 100480, 102555.

United States Board of Tax Appeals

45 B.T.A. 906; 1941 BTA LEXIS 1047;

December 9, 1941, Promulgated

1. The managing and operating of petitioner's property by trustees under the provisions of the Public Control Act of Massachusetts (1918) and acts amendatory thereof, did not create the relationship of lessor and lessee so as to make applicable the provisions of article 70 of Regulations 77, Revenue Act of 1932, and other similar…

2Cases cited2 opinions

  1. Boston Elevated Ry. v. CommissionerUnited States Board of Tax Appeals · 1938
  2. Boston E. R. Co. v. CommissionerUnited States Board of Tax Appeals · 1941

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