CLARIDGE APARTMENTS CO. v. COMM'R.

Nos. 28 and 29.

323 U.S. 141 (1944)

CLARIDGE APARTMENTS CO. v. COMMISSIONER OF INTERNAL REVENUE.

Supreme Court of United States.

Decided December 4, 1944.


Attorney(s) appearing for the Case

Mr. John E. Hughes for petitioner.

Mr. Chester T. Lane, with whom Solicitor General Fahy, Assistant Attorney General Samuel O. Clark, Jr., Messrs. Sewall Key, J. Louis Monarch, and Mrs. Muriel S. Paul were on the brief, for respondent.

Mr. H. Brian Holland, as amicus curiae, filed a brief urging reversal.


MR. JUSTICE RUTLEDGE delivered the opinion of the Court.

The issues arise out of deficiency assessments made in respect to petitioner's federal income and excess profits taxes for the years 1935 to 1938 inclusive. They involve the applicability of § 270 of the Bankruptcy Act, as amended,1 so as to require reduction of depreciation allowances claimed.

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