BEECH CREEK RAILROAD CO. v. COMMISSIONER

Docket No. 4035.

5 T.C. 135 (1945)

BEECH CREEK RAILROAD COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated May 24, 1945.


Attorney(s) appearing for the Case

Leo Manville, Esq., for the petitioner.

Thos. H. Lewis, Jr., Esq., for the respondent.


This case involves Federal income tax for the calendar year 1940. Deficiency was determined in the amount of $11,935.36. The issue presented is whether the petitioner sustained a deductible loss, within the purview of section 23 (f) of the Internal Revenue Code, in connection with the abandonment of a small portion of a railroad right of way owned by it, but under a 999-year lease to another railroad company.

FINDINGS OF FACT.

The major portion of the findings...

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