PARSONS v. UNITED STATES

No. 11612.

227 F.2d 437 (1955)

J. Russell PARSONS and Margaret C. Parsons, Appellees, v. UNITED STATES of America, Appellant.

United States Court of Appeals Third Circuit.

Decided November 30, 1955.


Attorney(s) appearing for the Case

Louise Foster, Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, A. F. Prescott, Louise Foster, Sp. Assts. to Atty. Gen., Raymond Del Tufo, Jr., U. S. Atty., George J. Rossi, Asst. U. S. Atty., Newark, N. J., on the brief), for appellant.

F. Earl Walter, Jr., Newark, N. J. (Shanley & Fisher, Frank L. Bate, Newark, N. J., Joseph J. McGrath, 3rd, New York City, of the New York Bar, on the brief), for appellees.

Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.


HASTIE, Circuit Judge.

The district court has granted a taxpayer an income tax refund for the year 1949 and the government has appealed. The only matter in dispute is the amount of depreciation allowable upon the taxpayer's former residence which had been converted into rental property at the beginning of the taxable year.

The taxpayer built the house at a cost of approximately $30,000. Several years later, when he converted the structure into income producing...

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