Opinion

Triangle Realty Co. v. Commissioner

  • 12 B.T.A. 867
  • 1928 BTA LEXIS 3437
Court
United States Board of Tax Appeals
Filed
Jun 27, 1928
Status
Published
Author
Littleton
On the bench
Littleton
Cited by
0 cases
Authority
More cited than 66.0%

The opinion

*868 OPINION.

Littleton:

The Board is of the opinion that the Commissioner did not err in denying the petitioner the right to amortize the amount of $25,000 over the five-year lease to' the Sinclair Oil Co.

Although this amount probably would not have been expended in connection with the construction of the building had petitioner been able to complete the building by April 1, 1920, and the fact is that this expenditure was made necessary by reason of changes in the *869 plans of the construction of the building to suit the special needs of lessee in order to obtain the consent of the lessee to the completion of the building at a date subsequent to that originally agieed upon, the amount was none the less part of the cost of the building and can not be deducted from gross income over the five-year term of the lease. McEwen Lumber Co. 1 B. T. A. 73; Yost & Herrell, 2 B. T. A. 745; Louis Allen, 2 B. T. A. 1313; Blanche Burbank, 3 B. T. A. 1118; Popular Dry Goods Co., 6 B. T. A. 78; Joseph W. Woods & Sons Co., 8 B. T. A. 705.

Judgment will be entered for the respondent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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