EAST KAUAI WATER COMPANY, LIMITED v. COMMISSIONER

Docket No. 108997.

11 T.C. 1014 (1948)

EAST KAUAI WATER COMPANY, LIMITED, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated December 7, 1948.


Attorney(s) appearing for the Case

E. J. Greaney, C. P. A., for the petitioner.

A. J. Hurley, Esq., for the respondent.


The Commissioner determined deficiencies in income tax and declared value excess profits tax for 1939 in the amounts of $3,088.30 and $638.41. The only issue for decision is whether the petitioner is entitled to recover the cost of its water system facilities through deductions for depreciation over the 21-year period of its initial franchise, or whether it must spread the balance of the undepreciated cost remaining at the time it was granted a second franchise over the remaining...

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