AMERICAN REALTY TRUST v. UNITED STATES

No. 73-2488.

498 F.2d 1194 (1974)

AMERICAN REALTY TRUST, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 24, 1974.


Attorney(s) appearing for the Case

Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Jonathan Cohen, John A. Townsend, Attys., Tax Div., Dept. of Justice, Washington, D. C., of counsel; Brian P. Gettings, U. S. Atty., for appellant.

Boothe, Prichard & Dudley, Fairfax, Va., by Arthur P. Scibelli and Carrington Williams, Fairfax, Va., for appellee.

Before HAYNSWORTH, Chief Judge, and BUTZNER and ADAMS Circuit Judges.


ADAMS, Circuit Judge.

After the sale and lease-back of a particular piece of commercial real estate, who, as between the seller-lessee and the buyer-lessor, is entitled to claim, for federal tax purposes, a depreciation deduction for the property? That is the key issue in this case, and it arises from the attempt by a real estate investment trust to take a depreciation deduction on an apartment house that it purchased and then leased back to the seller.

The...

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