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FIFTEEN HUNDRED WALNUT ST. CORP. v. COM'R OF INT. REV.

No. 11882.

237 F.2d 933 (1956)

FIFTEEN HUNDRED WALNUT STREET CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Third Circuit.

Decided October 31, 1956.

Rehearing Denied December 4, 1956.

Attorney(s) appearing for the Case

Thomas Raeburn White, Bernard V. Lentz, Philadelphia, Pa. (Mervin M. Wilf, Philadelphia, Pa., on the brief), White, Williams & Scott, Philadelphia, Pa., for petitioner.

Charles B. E. Freeman, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, Attys., Dept. of Justice, Washington, D. C., on the brief), for respondent.

Before BIGGS, Chief Judge, and GOODRICH and HASTIE, Circuit Judges.

GOODRICH, Circuit Judge.

The sole question involved in this tax case is when the taxpayer realized income. The taxpayer is the successor to the previous owner of premises known as Fifteen Hundred Walnut Street in Philadelphia, Pennsylvania. These premises had for several years been occupied in part by the First National Bank of Philadelphia which had a lease expiring in 1948. There was an option to renew this lease for an additional two years. In the meantime the...

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