TRENTON-NEW BRUNSWICK THEATRES COMPANY v. COMMISSIONER

Docket No. 43599.

13 T.C.M. 550 (1954)

T. C. Memo. 1954-69

Trenton-New Brunswick Theatres Company v. Commissioner.

United States Tax Court.

Filed June 18, 1954.


Attorney(s) appearing for the Case

Harry Levine, Esq., 30 Rockefoller Plaza, New York, N. Y., for the petitioner. Charles M. Greenspan, Esq., for the respondent.


Memorandum Findings of Fact and Opinion

The Commissioner determined a deficiency in income tax for the year 1947 in the amount of $10,838.94. The petitioner concedes that certain adjustments are correct.

The sole issue is whether petitioner is entitled to deduct as an ordinary and necessary business expense the sum of $16,519.64, the cost of constructing a fireproof passageway in a theatre. In the alternative, petitioner claims that it is entitled to a deduction...

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