NORTH CAROLINA MIDLAND RAILWAY CO. v. UNITED STATES

No. 175-54.

163 F.Supp. 610 (1958)

The NORTH CAROLINA MIDLAND RAILWAY CO. v. UNITED STATES.

United States Court of Claims.

July 16, 1958.


Attorney(s) appearing for the Case

James C. Gidding, Washington, D. C., for plaintiff. Seddon G. Boxley, Henry L. Walker and William D. McLean, Washington, D. C., were on the brief.

June A. Murray, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for the defendant. James P. Garland and David R. Frazer, Washington, D. C., were on the brief.


HOLTZOFF, District Judge, sitting by designation, delivered the opinion of the court:

The question presented in this case is whether the owner of real property, who leases it by a long term lease is entitled to deduct depreciation on the property in his income tax returns, if the tenant is required by the terms of the lease to preserve, replace, renew and maintain the property, and to return it at the end of the term in at least as good condition as it was at the...

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