Evans v. Commissioner
United States Board of Tax Appeals
1. Where a 99-year lease upon which a building had been erected by the lessee was forfeited and the property repossessed by the lessor in the taxable year, held, the added value to the property at the time of forfeiture of improvements erected thereon at the cost of the lessee, is income to the lessor.
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1. Where a 99-year lease upon which a building had been erected by the lessee was forfeited and the property repossessed by the lessor in the taxable year, held, the added value to the property at the time of forfeiture of improvements erected thereon at the cost of the lessee, is income to the lessor. Helvering v. Bruun,309 U.S. 461; held, further, that under the facts the building so erected did not increase the value of the property. 2. Attorney fees and expenditures occasioned by the forfeiture of a lease, held, deductible. 3. Personal state income taxes and state, county, and city…
1Opinion of the Court
MARY E. EVANS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
HELEN EVANS WHEELER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Evans v. Commissioner
Docket Nos. 95527, 95528.
United States Board of Tax Appeals
42 B.T.A. 246; 1940 BTA LEXIS 1031;
June 27, 1940, Promulgated
1. Where a 99-year lease upon which a building had been erected by the lessee was forfeited and the property repossessed by the lessor in the taxable year, held, the added value to the property at the time of forfeiture of improvements erected thereon at the cost of the lessee, is income to the…
2Cases cited8 opinions
- Helvering v. BruunSupreme Court of the United States · 1940
- Miller v. CommissionerUnited States Board of Tax Appeals · 1928
- Lee Wilson & Co. v. CommissionerUnited States Board of Tax Appeals · 1932
- Little v. CommissionerUnited States Board of Tax Appeals · 1930
- Evans v. CommissionerUnited States Board of Tax Appeals · 1940
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