Miller v. Commissioner
United States Board of Tax Appeals
An amount paid by the petitioner to his lessee as consideration for the cancellation of a lease held to be a capital expenditure recoverable through deductions spread over the unexpired term of the lease acquired.
1Opinion of the Court
*384OPINION.
Geeen :
The petitioner is here seeking to take as a deduction' as a business expense in the year 1921 the amount expended by him in procuring the cancellation of a lease with an unexpired term of six years on property owned by him. This cancellation he procured in order that he might make a new lease at an advance in rental of $410 per month. In deciding whether' the petitioner is correct in his contention, we must first determine whether the expenditure made by him was made in the ordinary course of business or was made in the acquisition of a capital asset, for if made in the…
2Cited by19 opinions
- Houston Chronicle Publishing Company, Plaintiff-Appellee-Cross v. United States of America, Defendant-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1973
- Commissioner of Internal Revenue v. Golonsky. Commissioner of Internal Revenue v. GoldCourt of Appeals for the Third Circuit · 1952
- Bell v. Harrison. Bell v. United StatesCourt of Appeals for the Seventh Circuit · 1954
- Trustee Corp. v. CommissionerUnited States Tax Court · 1964
- Rodeway Inns of America v. CommissionerUnited States Tax Court · 1974
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