Opinion

Fall River Electric Light Co. v. Commissioner

  • 23 B.T.A. 168
  • 1931 BTA LEXIS 1909
Court
United States Board of Tax Appeals
Filed
May 13, 1931
Status
Published
Author
Seawell
On the bench
Tkhssell, Teammell, Seawell, Muedook
Cited by
14 cases
Authority
More cited than 10.6%

The opinion

Seawell,

dissenting: Reduced to its final analysis, this is what occurred in reality in petitioner’s bond transaction:

It offered for sale its 20-year 5 per cent bonds in the amount of $2,000,000, to the purchaser who would take them at the greatest *177 amount oí reduction of interest charge. The bonds were sold to a purchaser who agreed to reduce the interest for the 20 years by a present payment of $125,400, so that each year’s interest of $100,000 was reduced by the sum of $6,270 paid by the purchaser in advance.

The petitioner sold no capital asset, and it received no gain from capital or labor, or from both combined. Eisner v. Macomber, 252 U. S. 189 . It received a rebate or reduction of the price to be paid for the hire of money, but this, I am persuaded, is no more taxable under the Sixteenth Amendment and Acts of Congress than the reduction of any other expense of business or the “ diminution of a loss.” Bowers v. Kerbaugh-Empire Co., 271 U. S. 170 .

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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