Legal Opinion

Carolina, C. & O. R. Co. v. Commissioner

United States Tax Court

Decided June 4, 1984No. Docket No. 10761-78Published

1. P, a common carrier by rail, leased all of its railroad properties on a net basis for 999 years. The lessee purchased and retired outstanding bonds of P, and the amounts expended by the lessee were reflected in open accounts that P would, subject to other adjustments, be required to satisfy at the end of the 999-year lease.

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1. P, a common carrier by rail, leased all of its railroad properties on a net basis for 999 years. The lessee purchased and retired outstanding bonds of P, and the amounts expended by the lessee were reflected in open accounts that P would, subject to other adjustments, be required to satisfy at the end of the 999-year lease. Held, the indebtedness to the lessees differs so fundamentally from the original bond obligation that P may not treat one as a substitute for the other. 2. P claimed an investment credit for replacement property and additions and betterments (A-B property) constructed…

1Opinion of the Court

Carolina, Clinchfield & Ohio Railway Company, Petitioner v. Commissioner of Internal Revenue, Respondent

Carolina, C. & O. R. Co. v. Commissioner

Docket No. 10761-78

United States Tax Court

82 T.C. 888; 1984 U.S. Tax Ct. LEXIS 62; 82 T.C. No. 68;

June 4, 1984, Filed

Decision will be entered under Rule 155.

1. P, a common carrier by rail, leased all of its railroad properties on a net basis for 999 years. The lessee purchased and retired outstanding bonds of P, and the amounts expended by the lessee were reflected in open accounts that P would, subject to other adjustments, be required to satisfy at…

2Cases cited38 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
  3. James v. United StatesSupreme Court of the United States · 1961
  4. Crane v. CommissionerSupreme Court of the United States · 1947
  5. United States v. Kirby Lumber CoSupreme Court of the United States · 1931

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