Currier v. Commissioner

Decided October 16, 1946

United States Tax Court · decided 1946-10-16

Petitioner, devisee of an interest in income-producing building erected prior to decedent's death by lessee, held, entitled to deduct her… Held: entitled to deduct her share of total depreciation on building, based upon value of building at date of decedent's death, notwithstanding that building may have cost decedent nothing and was occupied under lease which extended beyond useful life of building, and lessee was under obligation, upon expiration of lease, to yield up…

Good law ✅— No negative treatment on recordhow we know

Decided 1946-10-16

How this case has been cited

Cited by 24 later decisions — most recently April 1973

9 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hill, J.,

¶1dissenting: The basis for depreciation of the building in question in the hands of the legatees is the fair market value of the legatees’ interest therein subject to the Carpenter leasehold at the time of decedent’s death. Bueltermann v. United States, 155 Fed. (2d) 597.

¶2The basis for depreciation of the building in the hands of such legatees as determined in the majority opinion is the fair market value thereof at decedent’s death, unaffected by the existence of the leasehold estate.

¶3Since, in my opinion, the basis for depreciation as determined by the majority is not the basis upon which petitioner is entitled to compute depreciation in respect of the building, I am unable to agree with the holding of the majority.