Legal Opinion

Griffin v. Commissioner

United States Board of Tax Appeals

Decided September 13, 1929No. Docket No. 30967PublishedCited by 9 opinions

A deductible loss is not sustained under the provisions of the Revenue Act of 1921 on account of the voluntary demolition of buildings where the buildings, together with the land on which they were situated, were purchased for the purpose of providing a site for another building, even though the plans for the new building were abandoned.

1Opinion of the Court

*256OPINION.

Littleton:

We are unable to distinguish the principle here presented from that before us in Arthur H. Ingle, 1 B. T. A. 595, wherein we held that the cost of buildings voluntarily removed from land in preparation for the future use of such land for other purposes is not a deductible loss, even though the plans with respect to the future use of the land may fail of realization. The exact date in 1924 when the demolition of the second building was completed and the proposed construction plans were abandoned is not shown, but it does appear that land, with the buildings in question…

2Cited by9 opinions

  1. Hillside Nat'l Bank v. CommissionerUnited States Tax Court · 1961
  2. Providence Journal Co. v. BroderickDistrict Court, D. Rhode Island · 1938
  3. 250 Hudson St. Corp. v. CommissionerUnited States Tax Court · 1946
  4. Appleby v. CommissionerUnited States Board of Tax Appeals · 1940
  5. Burwig v. CommissionerUnited States Tax Court · 1953

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