Commissioner v. Wood

KERNER, Circuit Judge.

This is a petition for review of a decision of the United States Board of Tax Appeals entered June 30, 1938, expunging a deficiency of $16,237.96 as determined by the Commissioner of Internal Revenue in respondent’s income tax liability for the year 1932. Respondents are the Trustees under the Will of James H. Baldwin, deceased.

The Board of Tax Appeals held that the value of a building erected by the lessee under a lease was not income to the lessor in 1932, when the lease was prematurely terminated by the default of the lessee. See Sec. 22(a), Revenue Act of 1932, 47…