FALL RIVER GAS APP. CO. v. COMMISSIONER OF INT. REV.

No. 6512.

349 F.2d 515 (1965)

FALL RIVER GAS APPLIANCE COMPANY, Inc., et al., Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals First Circuit.

Decided August 18, 1965.


Attorney(s) appearing for the Case

John J. Conroy, Boston, Mass., for petitioners.

Mark S. Rothman, Atty., Dept. of Justice, with whom Louis F. Oberdorfer, Asst. Atty. Gen., and Lee A. Jackson and David O. Walter, Attys., Dept. of Justice, were on brief, for respondent.

Before ALDRICH, Chief Judge, LUMBARD, Chief Judge, and LEWIS, Circuit Judge.


LEWIS, Circuit Judge.

Petitioners seek review of a decision of the Tax Court, 42 T.C. 850, holding that certain expenditures made by each of the taxpayers during a particular year must be capitalized1 and depreciated over a period of twelve years rather than deducted as an ordinary and necessary business expense during the year of expenditure.2 The evidentiary facts are not in...

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