NEW YORK CENT. R. CO. v. COMMISSIONER OF INTERNAL REV.

Nos. 72, 191.

79 F.2d 247 (1935)

NEW YORK CENT. R. CO. v. COMMISSIONER OF INTERNAL REVENUE. COMMISSIONER OF INTERNAL REVENUE v. NEW YORK CENT. R. CO.

Circuit Court of Appeals, Second Circuit.

August 12, 1935.


Attorney(s) appearing for the Case

Clive C. Handy, of New York City (Leo Manville, of New York City, of counsel), for New York Cent. R. Co.

Frank J. Wideman, Asst. Atty. Gen. (Sewall Key and Morton K. Rothschild, Sp. Assts. to Atty. Gen., of counsel), for Commissioner.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


SWAN, Circuit Judge.

The first question presented by the taxpayer's petition is whether the discount on bonds sold by predecessor corporations, which were consolidated to form the petitioner, can be amortized over the life of the bonds and a proportionate part thereof be deducted in each of the taxable years in question. The taxpayer made its income returns upon the accrual basis. Had the petitioner itself issued the bonds, there could be no doubt of its right to...

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