MT. MORRIS DRIVE-IN THEATRE CO. v. COMMISSIONER

Docket No. 49542.

25 T.C. 272 (1955)

MT. MORRIS DRIVE-IN THEATRE CO., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed November 18, 1955.


Attorney(s) appearing for the Case

Richard Katcher, Esq., for the petitioner.

James A. Scott, Esq., for the respondent.


The Commissioner determined a deficiency in the petitioner's income and excess profits tax for 1950 in the amount of $3,150.13. The only issue for decision is whether the amount of $8,224 spent by the petitioner in 1950 to construct a drainage system was deductible either as an ordinary and necessary business expense or as a loss, as contended by the petitioner, or whether it was a nondepreciable capital expenditure, as determined by the Commissioner. An alternative issue...

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