HELVERING v. JOHNSON COUNTY REALTY CO.

No. 12209.

128 F.2d 716 (1942)

HELVERING, Commissioner of Internal Revenue, v. JOHNSON COUNTY REALTY CO.

Circuit Court of Appeals, Eighth Circuit.

June 15, 1942.


Attorney(s) appearing for the Case

Benjamin M. Brodsky, Sp. Asst. to the Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Bernard Chertcoff, Sp. Assts. to the Atty. Gen., on the brief), for petitioner.

Perry W. Shrader, of Kansas City, Mo. (Cecil H. Haas and Shrader, Haas & Washington, all of Kansas City, Mo., on the brief), for respondent.

Before STONE, SANBORN, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

This is a petition of the Commissioner of Internal Revenue to review a decision (44 B.T.A. 121) of the Board of Tax Appeals.

On December 28, 1935, the taxpayer purchased a parcel of real estate in Iowa. In 1936 it paid the 1935 taxes on the premises in the amount of $3,649.28, and in its income tax return for that year it deducted the amount so paid. The Commissioner disallowed the claimed deduction, and upon appeal the Board reversed...

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