PENN v. COMMISSIONER OF INTERNAL REVENUE

No. 14546.

199 F.2d 210 (1952)

PENN v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Eighth Circuit.

October 23, 1952.


Attorney(s) appearing for the Case

Charles Claflin Allen, St. Louis, Mo. (Lehmann & Allen, St. Louis, Mo., on the brief), for petitioner.

Harry Marselli, Sp. Asst. to Atty. Gen. (Ellis N. Slack, Acting Asst. Atty. Gen., and Harry Baum, Sp. Asst. to Atty. Gen., on the brief), for respondent.

Before GARDNER, Chief Judge, and WOODROUGH and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

This appeal from a decision of the Tax Court of the United States involves income tax liability of the petitioner for the calendar years 1943 and 1944 in the respective amounts of $550.53 and $776.04.

The question presented is whether depreciation deductions on a building erected by a life tenant at her own expense are to be computed under § 23(l) of the Internal Revenue Code, 26 U.S.C.A. § 23(l), at a rate based...

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