Columbus and Greenville Railway Company v. Commissioner of Internal Revenue

U.S. Court of Appeals for the Fifth Circuit
Columbus and Greenville Railway Company v. Commissioner of Internal Revenue, 358 F.2d 294 (5th Cir. 1966)
17 A.F.T.R.2d (RIA) 643; 1966 U.S. App. LEXIS 6760

Columbus and Greenville Railway Company v. Commissioner of Internal Revenue

Opinion

PER CURIAM:

This case is before this Court on petition for review of the decision of the Tax Court which is reported in 42 T.C. 834. Reference is made to that opinion for exposition of the facts of this case and for the complete findings of the Tax Court.

*295 The Tax Court found “the cost of the property to petitioner and petitioner’s actual outlay for the property did not include any part of the $2,038,335.80 here in controversy.” 42 T.C. 834.

We believe this finding is dispositive of the case, and since it is not “clearly erroneous,” we must affirm the Tax Court under the doctrine of Commissioner of Internal Revenue v. Duberstein, 1960, 363 U.S. 278, 290-291, 80 S.Ct. 1190, 4 L.Ed.2d 1218.

Affirmed.

Reference

Full Case Name
COLUMBUS AND GREENVILLE RAILWAY COMPANY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Cited By
43 cases
Status
Published