# Fitchburg Railroad v. Commissioner

> United States Board of Tax Appeals · October 4, 1927 · 8 B.T.A. 495

URL: https://www.frixlaw.com/law-library/cases/6805450

## Case

- **Full name:** Fitchburg Railroad Co. v. Commissioner of Internal Revenue
- **Court:** United States Board of Tax Appeals
- **Decided:** October 4, 1927
- **Citations:** 8 B.T.A. 495
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Littleton
- **Judges:** Littleton
- **Cited by:** 0 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/6805450

## Opinion text

*496 OPINION.
Littleton:
In Appeal of Providence & Worcester Railroad Co., 5 B. T. A. 1186, the Board held that the amount of tax upon the income of the lessor and paid by the lessee, under the terms of a lease such as we have here, constituted additional taxable income to such lessor in the year in which such tax was paid by the lessee. On the authority of that decision petitioner’s tax for the fiscal period January 1 to November 30, 1919, should be recomputed by including in income the amount of $112,910.58 representing the tax upon petitioner’s income for 1918 and paid by the lessee in 1919.
The second issue is governed by the decision of the Board in Old Colony Railroad Co., 6 B. T. A. 1025. On the authority of the decision in that proceeding it is held that no portion of the premium at which bonds which were outstanding at the close of each of the taxable years involved were issued constituted income during the taxable years.
Reviewed by the Board.
Judgment will be entered on 15 days’ notice, v/rvder Rule 50.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6805450. Public record. Not legal advice.