HELVERING v. LENT

No. 7620.

120 F.2d 729 (1941)

HELVERING, Com'r of Internal Revenue, v. LENT.

United States Court of Appeals for the District of Columbia.

Decided June 2, 1941.


Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., and Thurman Arnold, Sewall Key, and Carolyn E. Agger, Sp. Assts. to Atty. Gen., all of the Department of Justice, and J. P. Wenchel and Irving M. Tullar, both of Washington, D. C., both of the Bureau of Internal Revenue, for petitioner.

No appearance for respondent.

Before STEPHENS, MILLER, and VINSON, Associate Justices.


VINSON, Associate Justice.

The Board of Tax Appeals determined that the gain realized by a taxpayer (respondent) upon repossession of leased premises with a building erected by lessee, resulting from a forfeiture of the lease, was not taxable income in the year the lease was terminated. The Commissioner of Internal Revenue filed petition for review.

The facts are stipulated: the taxpayer was the owner of a one-half interest in certain improved real estate...

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