Commissioner of Internal Revenue v. Milner Hotels, Inc.

HICKS, Chief Judge.

Petitioner, Commissioner of Internal Revenue, seeks a review of a decision of the Tax Court that respondent, Milner Hotels, Inc., properly deducted from its income tax return for 1943, taxes paid by it •to New York City upon real estate located therein. The stipulated facts, accepted as such by the Tax Court, are briefly stated as follows:

About December 1, 1942, the Mutual Life Insurance Company agreed in writing to' sell to one Corr certain real estate located in the Borough of Manhattan. Corr was acting for the respondent. On January 7, 1943, the Insurance Company…