GIUMARRA BROS. FRUIT CO., INC. v. COMMISSIONER

Docket No. 5078-68.

55 T.C. 460 (1970)

GIUMARRA BROS. FRUIT CO., INC., PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed December 10, 1970.


Attorney(s) appearing for the Case

James F. Childs, Jr., and John J. Barcal, for the petitioner.

Stephen W. Simpson, for the respondent.


SCOTT, Judge:

Respondent determined a deficiency in petitioner's income tax for its taxable year ending April 30, 1967, in the amount of $8,100.

The only issue for decision is whether petitioner is entitled to amortize $40,000 paid in connection with obtaining additional space under a supplement to a lease over the stated term of the lease and option to renew, or whether the payment was in substance made for an intangible asset with no determinable...

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