PAGE v. KELM

No. 4089.

128 F.Supp. 14 (1955)

Pearl PAGE, Plaintiff, v. E. F. KELM, also known as Elmer F. Kelm, Internal Revenue Collector for the District of Minnesota, Defendant.

United States District Court, D. Minnesota, Fourth Division.

February 4, 1955.


Attorney(s) appearing for the Case

M. C. Tschida, Minneapolis, Minn., for plaintiff.

H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, Paul S. McMahon, Sp. Assts. to Atty. Gen., George E. MacKinnon, U. S. Atty., Alex Dim, Asst. U. S. Atty., St. Paul, Minn., for defendant.


DEVITT, District Judge.

The question here presented is whether the sum of $3,991.06 expended by the plaintiff taxpayer during the year 1946 for work performed on an elevator in a hospital building she owned is deductible as a business expense under the provisions of § 23(a) (1) (A) of the Internal Revenue Code, 26 U.S.C.A., or whether the expenditure constitutes a capital outlay recoverable through depreciation over a number of years.

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