Opinion

Atlantic Coast Line R.R. v. Commissioner

  • 9 B.T.A. 1193
  • 1928 BTA LEXIS 4276
Court
United States Board of Tax Appeals
Filed
Jan 12, 1928
Status
Published
On the bench
Siefkin
Cited by
4 cases
Authority
More cited than 13.5%

The opinion

ATLANTIC COAST LINE BAILROAD CO., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Atlantic Coast Line R.R. v. Commissioner

Docket No. 10983.

United States Board of Tax Appeals

9 B.T.A. 1193 ; 1928 BTA LEXIS 4276 ;

January 12, 1928 , Promulgated

*4276 M. C. Elliott, Esq., for the petitioner.

M. N. Fisher, Esq., for the respondent.

SIEFKIN

*1193 SIEFKIN: This proceeding is for the redetermination of a deficiency in income taxes for 1919 asserted in the amount of $41,668.73, of which $9,612.29 is in controversy. Of such deficiency, $8,209.86 consists of the 2 per cent tax paid by the Director General of Railroads during the period of Federal control under a contract between the Director General and petitioner upon net taxable income of $410,493.27 under facts differing in no substantial respect except as to the *1194 amounts involved from the facts considered by us in , and , where we held the railroads not chargeable with the amount borne by the Director General. Of the contested amount, $1,381.12 results from the inclusion in income of petitioner and the taxation at 10 per cent of $13,811.20 on account of sidetracks paid for by customers of petitioner and donated to petitioner under General Order No. 15 of the United States Railroad Administration. *4277 Under a state of facts not distinguishable in any essential from the facts in this proceeding we have held that such amounts were not taxable income. . Twenty-one dollars and thirty-one cents represents a correction in computation.

The parties have agreed that if these two issues are determined in favor of the petitioner, the amount of the deficiency for 1919 is $32,056.44. We affirm the principles decided in the cases cited. The deficiency for 1919 is $32,056.44. An order to that effect will be entered.

Judgment will be entered for the respondent for a deficiency of $32,056.44 for 1919.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.