# Detroit Consolidated Theatres v. Commissioner of Internal Revenue

> Court of Appeals for the Sixth Circuit · December 18, 1942 · 133 F.2d 200

URL: https://www.frixlaw.com/law-library/cases/1544641

## Case

- **Full name:** DETROIT CONSOLIDATED THEATRES, Inc., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** December 18, 1942
- **Citations:** 133 F.2d 200; 30 A.F.T.R. (P-H) 749; 1942 U.S. App. LEXIS 2467
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Hicks, Allen, Hamilton
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1544641

## Opinion text

PER CURIAM.
This case came on to be heard upon the record and briefs and oral argument of counsel. And it appearing that the United States Board of Tax Appeals correctly decided that the Commissioner did not err in including in petitioner’s gross income for 1937 the sum of $3,358.27, representing an amount received by petitioner from a lessee as an advance rental deposit under the terms of a lease and received during the taxable year, for the reas'on that when received the petitioner’s right thereto was under no restriction as to its disposition, use or enjoyment, Brown v. Helvering, 291 U.S. 193, 201 , 54 S.Ct. 356 , 78 L.Ed. 725 ; North American Oil Consolidated v. Burnet, 286 U.S. 417, 424 , 52 S.Ct. 613 , 76 L.Ed. 1197 . And it appearing that the Board of Tax Appeals correctly decided that commissions paid during the taxable year which represented the cost to petitioner of securing two long-term loans were not deductible in full for the year when paid but should be spread ratably over the period of the loans: It is ordered that the decision of the Board of Tax Appeals (now the Tax Court of the United States) be, and it hereby is, affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1544641. Public record. Not legal advice.