Legal Opinion
Kittredge v. Commissioner of Internal Revenue
Court of Appeals for the Second Circuit
Decided March 8, 1937No. 236PublishedCited by 41 opinions
1Opinion of the Court
SWAN, Circuit Judge.
In 1931 the petitioner sold a property known as the Weston Winery for substantially less than it had cost him. Whether the sale resulted in profit or loss for income tax purposes is the matter in dispute, and this turns on whether the cost of the property should be diminished by deductions for depreciation for the years 1922 to 1931, during which the petitioner had no tenant for it and did not operate it himself. Specifically, the question is whether the property was “used in the trade or business” of the taxpayer within the meaning of section 23(k) of the Revenue Act of…
2Cases cited4 opinions
- United States v. LudeySupreme Court of the United States · 1927
- Hardwick Realty Co. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1928
- Buckwalter v. CommissionerCourt of Appeals for the Sixth Circuit · 1932
- Independent Brick Co. v. CommissionerUnited States Board of Tax Appeals · 1928
3Cited by41 opinions
- Fribourg Navigation Co. v. CommissionerSupreme Court of the United States · 1966
- Norfolk Southern Corp. v. CommissionerUnited States Tax Court · 1995
- P. Dougherty Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1946
- United States Industrial Alcohol Co. v. HelveringCourt of Appeals for the Second Circuit · 1943
- Sears Oil Co., Inc., on Review v. Commissioner of Internal Revenue, on ReviewCourt of Appeals for the Second Circuit · 1966
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