Keller Street Dev. Co. v. Commissioner
United States Tax Court
The petitioner operated a brewery in California. The State filed a complaint in condemnation in 1952 to take a portion of the brewery property. If this portion of the property were taken, the petitioner's brewhouse building and equipment would become useless. The State would be required to compensate the petitioner for any damage to the tract of land on which the brewery was situated which would result from the taking. This compensation would cover damage to fixtures.
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The petitioner operated a brewery in California. The State filed a complaint in condemnation in 1952 to take a portion of the brewery property. If this portion of the property were taken, the petitioner's brewhouse building and equipment would become useless. The State would be required to compensate the petitioner for any damage to the tract of land on which the brewery was situated which would result from the taking. This compensation would cover damage to fixtures. The petitioner claimed an obsolescence deduction in each of the taxable years for the brewhouse building and equipment and…
1Opinion of the Court
Fat, Judge:
The Commissioner determined deficiencies in the petitioner’s income taxes, as follows:
Taxable year ended ⅜ Amount
Oct. 31, 1952_$183, 897.17
Oct. 31, 1953_ 194, 552. 69
Dec. 31, 1953_ 15,069.53
Dec. 31, 1954_ 27,593.87
Some of the issues have been conceded by the parties. The issues remaining for decision are as follows:(1) Is the petitioner entitled to an obsolescence deduction on its brewhouse building and equipment in each of the taxable years under consideration and an obsolescence deduction in the taxable year ended December 31,1954, on certain bottling machinery purchased but…
2Cases cited10 opinions
- Massey Motors, Inc. v. United StatesSupreme Court of the United States · 1960
- Real Estate - Land Title & Trust Co. v. United StatesSupreme Court of the United States · 1940
- City of Los Angeles v. KlinkerCalifornia Supreme Court · 1933
- W. B. Davis & Son, Inc. v. CommissionerUnited States Tax Court · 1945
- Joseph Merrick Jones and Eugenie Penick Jones v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1957
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Southern Pacific Transp. Co. v. CommissionerUnited States Tax Court · 1980
- Coors Porcelain Co. v. CommissionerUnited States Tax Court · 1969
- Jerome S. Moss, Sandra Moss, Sharon M. Alesia, Herb Alpert, and Lani Alpert v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1987
- Keller Street Development Company v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1963
- Barron v. CommissionerUnited States Tax Court · 1963
6 more not listed; retrieve them via the Exa API.