Legal Opinion

L. Z. Dickey Grocery Co. v. Commissioner

United States Board of Tax Appeals

Decided November 29, 1924No. Docket No. 156PublishedCited by 8 opinions

In ascertaining the reasonable amount of a deduction for exhaustion, wear and tear of property used in business, the character of the properties, their location, surroundings and uses, must be given consideration and their probable life will be determined in accordance with the conditions of each individual case. The testimony in this case held sufficient to support an extimated probable life of a building at 20 years and of office equipment at 5 years.

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In ascertaining the reasonable amount of a deduction for exhaustion, wear and tear of property used in business, the character of the properties, their location, surroundings and uses, must be given consideration and their probable life will be determined in accordance with the conditions of each individual case. The testimony in this case held sufficient to support an extimated probable life of a building at 20 years and of office equipment at 5 years. A private roadway, leading from a public highway to a taxpayer's place of business and necessary in order that both the taxpayer and the…

1Opinion of the Court

*110OPINION.

Trussell :

The property of this taxpayer used in its business and subject to depreciation and exhaustion consisted of a store and warehouse building and office and store equipment. The evidence shows that the building was constructed in the year 1920; that it stood upon a sandy soil foundation in close proximity to the main line of a railroad, where traffic was heavy and the constant movement of trains caused vibrations both of the soil foundation and of the building. The walls of the building were of poured concrete and only 6 inches in thickness, and its size was 75 by 250 feet. A…

2Cited by8 opinions

  1. D. Loveman & Son Export Corp. v. CommissionerUnited States Tax Court · 1960
  2. E. W. Edwards & Son v. ClarkeDistrict Court, N.D. New York · 1939
  3. Lake Petersburg Asso. v. CommissionerUnited States Tax Court · 1974
  4. McGinty v. CommissionerUnited States Tax Court · 1944
  5. Benson v. CommissionerUnited States Tax Court · 1968

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