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COMMISSIONER OF INTERNAL REVENUE v. PEARSON

No. 13387.

188 F.2d 72 (1951)

COMMISSIONER OF INTERNAL REVENUE v. PEARSON et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 24, 1951.

Attorney(s) appearing for the Case

Hilbert P. Zarky, Ellis N. Slack, and A. F. Prescott, Sp. Assts. to Atty. Gen., Theron Lamar Caudle, Asst. Atty. Gen., Charles Oliphant, Chief Counsel, Claude R. Marshall, Special Attorney, Bureau of Internal Revenue, Washington, D. C., for appellant.

S. L. Mayo, Dallas, Tex., for appellees.

Before HUTCHESON, Chief Judge, and BORAH and RUSSELL, Circuit Judges.

HUTCHESON, Chief Judge.

This is one of three cases1 in which, though the lessor ancestor, having no cost, had no basis for depreciation,2 the Tax Court has held that, under Sec. 113(a) (5), I.R.C., 26 U.S.C.A. § 113(a) (5)3 an heir has such a base in a building constructed by the lessee.

Taxpayer here, Helen Blesi Pearson, inherited an interest in the Gulf States Building...

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