Opinion · United States Board of Tax Appeals
William Penn Hotel Co. v. Commissioner
23 B.T.A. 566
- Type
- Opinion
- Court
- United States Board of Tax Appeals
- Jurisdiction
- Federal
- Date
- 1931-06-04
- Topic
- general
MuRdock, concurring: I agree that the bonus payment was income to the petitioner in the year received. See Henry I. Brown, 4 B. T. A. 1129, where we held that the income resulting to a lessor from an improvement placed upon his property by a lessee was to be reported in full in the year the improvement was placed upon the property.
Citator
UpLaw has not yet analyzed William Penn Hotel Co. v. Commissioner. The absence of a flag is not a finding that it is good law.
concurring: I agree that the bonus payment was income to the petitioner in the year received. See Henry I. Brown, 4 B. T. A. 1129, where we held that the income resulting to a lessor from an improvement placed upon his property by a lessee was to be reported in full in the year the improvement was placed upon the property. I am of the opinion, however, that the present decision is inconsistent with certain other decisions of this Board, with which latter opinions I do not agree. For example, we held in Gilbert Butler et al., 4 B. T. A. 756, that the value of improvements to a mine made by a lessee was income to the lessor upon the termination of the lease; in Shelby D. Scott, 9 B. T. A. 1219; Joseph L. B. Alexander et al., 13 B. T. A. 1169; and J. L. B. Alexander, 14 B. T. A. 124, we held that the income to a lessor resulting from the erection of a building on the leased premises by the lessee was income to the lessor ratably over the remaining life of the lease; and in Fall River Electric Light Company, 23 B. T. A. 168, we held that bond premiums were income to the issuer ratably over the life of the bonds.