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Duffy v. Central R. Co. Of New Jersey, 268 U.S. 55 (1925)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Duffy v. Central R. Co. Of New Jersey, 268 U.S. 55 (1925)
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Duffy v. Central Railroad Company of New Jersey No. 129 Argued March 13, 16, 1925 Decided April 13, 1925 268 U.S. 55
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
1. Expenditures made by a corporate lessee, as required by the lease, to create additions to the leased property and not for upkeep, are not maintenance and operation expenses deductible from its gross income of the tax year in which made, within the meaning of § 12(a) Subd. "First" of the Revenue Act of 1916, but are betterments under Subd. "Second " of that section -- capital investment, subject to annual allowances for exhaustion or depreciation. P. 62
2. Neither are such payments for betterments and additions, though made by the lessee pursuant to the lease, deductible under § 12(a), Subd. "First" as " rentals or other payments "required to be made as a condition to the continued use or possession of property etc., since "rental" is there used in the usual sense implying a fixed sum, or property amounting thereto, payable at stated times for the use of property, and "other payments" means payments ejusdem generis with rentals, such as taxes, insurance, etc. P. 63.
289 F. 354 reversed.
Certiorari to a judgment of the circuit court of appeals affirming a recovery in the district court of money paid under protest as income tax.
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Chicago: U.S. Supreme Court, "Syllabus," Duffy v. Central R. Co. Of New Jersey, 268 U.S. 55 (1925) in 268 U.S. 55 268 U.S. 56–268 U.S. 60. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=ZS5XIRUXHXU4UN5.
MLA: U.S. Supreme Court. "Syllabus." Duffy v. Central R. Co. Of New Jersey, 268 U.S. 55 (1925), in 268 U.S. 55, pp. 268 U.S. 56–268 U.S. 60. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ZS5XIRUXHXU4UN5.
Harvard: U.S. Supreme Court, 'Syllabus' in Duffy v. Central R. Co. Of New Jersey, 268 U.S. 55 (1925). cited in 1925, 268 U.S. 55, pp.268 U.S. 56–268 U.S. 60. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=ZS5XIRUXHXU4UN5.
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