HELVERING v. VIRGINIAN HOTEL CORPORATION

No. 5004.

132 F.2d 909 (1943)

HELVERING v. VIRGINIAN HOTEL CORPORATION OF LYNCHBURG.

Circuit Court of Appeals, Fourth Circuit.

January 2, 1943.


Attorney(s) appearing for the Case

L. W. Post, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Sp. Asst. to Atty. Gen., on the brief), for petitioner.

Frank G. Davidson, Jr., of Lynchburg, Va., for respondent.

Before PARKER and SOPER, Circuit Judges, and CHESNUT, District Judge.


PARKER, Circuit Judge.

This is a petition to review a decision of the Board of Tax Appeals, now the Tax Court of the United States. The question involved relates to the right of a taxpayer to add to the depreciation base, on a change of the rate of depreciation, amounts charged off and allowed as depreciation in prior years, where no tax benefit has been received as a result of such allowance. The contention of the taxpayer is that the new rate of depreciation should...

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