Old Colony Railroad v. Commissioner

The Revenue Act of 1921 defines gross income as including gains, profits and income derived by the taxpayer from any source whatever, and provides that in computing net income of a corporation “all interest paid or accrued within the taxable year on its indebtedness ” is deductible from such gross income. Treasury regulations promulgated under authority of the statute state that if bonds are issued by a corporation at a premium the net amount of such premium is gain or income which should be amortized over the life of the bonds.

In making return for 1921 the Old Colony Railroad Company…