BALABAN & KATZ CORP. v. COMMISSIONER OF INTERNAL REVENUE

Nos. 4038, 4039.

30 F.2d 807 (1929)

BALABAN & KATZ CORPORATION v. COMMISSIONER OF INTERNAL REVENUE. TIVOLI THEATRE CO. v. SAME.

Circuit Court of Appeals, Seventh Circuit.

February 21, 1929.


Attorney(s) appearing for the Case

David Levinson, of Chicago, Ill., for petitioners.

H. R. Gamble, of Washington, D. C., for respondent.

Before ALSCHULER, PAGE, and ANDERSON, Circuit Judges.


PAGE, Circuit Judge.

Petitioner's complaint is that the Board of Tax Appeals should have allowed it 4 per cent., instead of 3 per cent., for depreciation and obsolescence on its motion picture theater, the "Chicago," located in the city of Chicago.

The "obsolescence" under consideration in rate making and for other purposes usually has to do with machinery, or other units used in the construction and operation of properties, because there is a gradual wearing...

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