PHILADELPHIA PARK AMUSEMENT CO. v. UNITED STATES

No. 312-52.

126 F.Supp. 184 (1954)

PHILADELPHIA PARK AMUSEMENT CO. v. The UNITED STATES.

United States Court of Claims.

November 30, 1954.


Attorney(s) appearing for the Case

John C. Reid, Washington, D. C., James S. Y. Ivins and Ivins, Phillips & Barker, Washington, D. C., on the briefs, for plaintiff.

Elizabeth B. Davis, Washington, D. C., H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe and Lee A. Jackson, Washington, D. C., on the brief, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.


LARAMORE, Judge.

The taxpayer corporation sues to recover $42,864.50, with interest thereon, representing alleged overpayment of income taxes for the calendar years 1944 and 1945. The taxpayer employed the accrual method of accounting and reported its income on a calendar year basis. The issue presented in this case is whether or not the taxpayer is entitled to include as a part of the cost of its franchise, for purposes of determining depreciation and loss due to...

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