MILLINERY CENTER BLDG. CORP. v. COMMISSIONER OF I. REV.

No. 127, Docket 23150.

221 F.2d 322 (1955)

MILLINERY CENTER BUILDING CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided April 14, 1955.


Attorney(s) appearing for the Case

Charles Korn, New York City (Bernard Weiss, New York City, on the brief), for petitioner.

Carolyn R. Just, Special Asst. to Atty. Gen. (H. Brian Holland, Asst. Atty. Gen., and Ellis N. Slack, A. F. Prescott, and Louise Foster, Special Assts. to Atty. Gen., on the brief), for respondent.

Before CLARK, Chief Judge, FRANK, Circuit Judge, and GALSTON, District Judge.


CLARK, Chief Judge.

This petition for review contests the finding of a deficiency in petitioner's excess profits tax for 1945, based on the refusal to allow as a business expense the amount paid to terminate an allegedly burdensome lease. The issue concerns the tax consequences of a contract between the taxpayer and its landlord whereby the taxpayer acquired the real estate in question and thus obtained cancellation of the lease. The taxpayer as tenant and at its...

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