COMMISSIONER OF INTERNAL REVENUE v. PHILADELPHIA COKE CO.

No. 7892.

130 F.2d 87 (1942)

COMMISSIONER OF INTERNAL REVENUE v. PHILADELPHIA COKE CO.

Circuit Court of Appeals, Third Circuit.

Decided July 29, 1942.


Attorney(s) appearing for the Case

Benjamin M. Brodsky, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch, Sp. Asst. to Atty. Gen., on the brief), for petitioner.

John E. McClure, of Washington, D. C. (Maude Ellen White, David W. Richmond, and Miller & Chevalier, all of Washington, D. C., on the brief), for respondent.

Before BIGGS, JONES, and GOODRICH, Circuit Judges.


JONES, Circuit Judge.

The question in this case is whether expenditures for capital improvements to the property of another made under a contract contemplating the improver's use of the property for a definite term shall be amortized on the basis of the term of the contract or on the basis of a shorter period as determined by the earlier termination of the contract through the happening of a specified contingency.

The City of Philadelphia, as owner of a plant...

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