HELVERING v. NEW HAVEN & S. L. R. CO.

No. 227.

121 F.2d 985 (1941)

HELVERING v. NEW HAVEN & S. L. R. CO., Inc.

Circuit Court of Appeals, Second Circuit.

July 16, 1941.


Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Maurice J. Mahoney, Sp. Assts. to Atty. Gen., for petitioner.

Walter J. Brobyn, Edgar J. Goodrich and Neil Burkinshaw, all of Washington, D. C., (Guggenheimer & Untermyer, of New York City, of counsel), for respondent.

John E. Hughes, of Washington, D. C., amicus curiæ.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

The Commissioner assessed deficiencies against the taxpayer because he took a lower "basis" for the depreciation of its property than it had taken, and the only question is whether the proper "basis" was the value when the property was conveyed to the taxpayer on July 26, 1934, or when a predecessor company acquired it in 1923. The facts upon which that question depends were agreed upon by stipulation and were as follows. The predecessor company...

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