BANGOR AND AROOSTOOK RAILROAD COMPANY v. COMMISSIONER

Docket No. 20571.

16 T.C. 578 (1951)

BANGOR AND AROOSTOOK RAILROAD COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated March 7, 1951.


Attorney(s) appearing for the Case

Joseph M. Jones, Esq., for the petitioner.

Leo C. Duersten, Esq., for the respondent.


The Commissioner determined a deficiency of $2,691.42 in the petitioner's excess profits tax for 1943. An overpayment of $3,666.60 in that tax is claimed by the petitioner.

The question in issue is whether the Commissioner erred in excluding from the petitioner's equity invested capital for 1943 income attributable to a discharge, in 1942, of indebtedness of the petitioner.

The parties have stipulated that, if the Commissioner prevails on this issue, the deficiency...

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