MAIN & McKINNEY BLDG. CO. v. COMMISSIONER OF INT. REV.

No. 9416.

113 F.2d 81 (1940)

MAIN & McKINNEY BLDG. CO., OF HOUSTON, TEX., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 2, 1940.


Attorney(s) appearing for the Case

Edward S. Boyles and W. L. Russell, both of Houston, Tex., for petitioner.

Joseph M. Jones, Sewall Key, and Lee A. Jackson, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and Irving M. Tullar, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

In 1926, petitioner purchased by assignment a ninety-nine year lease, expiring in 2024, on realty in Houston, Texas. In payment therefor, it assumed all obligations of the assignor under the lease, made a cash payment, and contracted to pay, as additional rent, $10,000 a year for a period of twenty-five years. The petition for review presents the question of whether or not the taxpayer was entitled to deduct the full annual payment of $10,000...

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