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| Mt. Morris Drive-in Theatre Co. v. Commissioner ： ウィキペディア英語版 |
Mt. Morris Drive-in Theatre Co. v. Commissioner
''Mt. Morris Drive-in Theatre Co. v. Commissioner.'', 25 T.C. 272 (1955), was a case in which the court considered whether the $8,224 spent to construct a drive-in theatre's drainage system was deductible as an ordinary and necessary business expense, as a loss or if it was a non-depreciable capital expenditure. The court held that it was a capital expenditure.
==Facts==
In 1947, petitioner purchased of farm land on the outskirts of Flint, Michigan. He built a drive-in theater on the land which was adjacent to David and Mary D. Nickola's farm land and trailer park. By removing the covering vegetation, slightly changing the land's grade and building gravel-covered ramps and aisles the petitioner caused excessive rain water to drain onto the Nickolas' property, causing damage to their crops and roadways.
After repeatedly complaining, the Nickolas filed a lawsuit against the petitioner on or about October 11, 1948, asking for an award for damages done to their property, and for an injunction forcing the petitioner to correct the drainage problem. The suit was settled on July 27, 1950. The petitioner agreed to install a mutually agreed-upon drainage system which was completed in October 1950. The project cost the petitioner $8,224.
The petitioner claimed that the entire cost of the drainage system was deductible in 1950 as an ordinary and necessary business expense incurred in the settlement of a lawsuit. In the alternative, the petitioner claimed the cost was a loss, to be deducted from claimed profits for the year.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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