Opinion

Federal St. & Pleasant Valley Passenger Ry. v. Commissioner

  • 24 B.T.A. 262
  • 1931 BTA LEXIS 1670
Court
United States Board of Tax Appeals
Filed
Oct 2, 1931
Status
Published
Author
Teammell
On the bench
Sternhagen, Smith, Murdock, McMahon, Teammell
Cited by
1 cases

The opinion

Teammell,

dissenting: In my opinion, the Circuit Court of Appeals for the First Circuit, in the case of Boston & Providence Railroad Co. v. United States, supra, has correctly answered the question as to the assumption of the bonded indebtedness. Aside from that decision, I think the entire amount should be included in invested capital. The corporation was enriched by the amount of assumed obligations prior to any taxable period.

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