City of Columbus, Ohio - Page 6

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               Respondent seeks comfort from Consolidated Edison Co. of New           
          York, Inc. v. United States, supra.  In that case, the taxpayer             
          prepaid real property taxes to New York City and received a                 
          discount.  It contended that the discount was tax-exempt                    
          interest.  The Court of Appeals for the Second Circuit rejected             
          that contention and held that the discount was includable in                
          gross income.  The Court of Appeals then went on to hold that,              
          under the particular circumstances involved, the taxpayer was               
          entitled to deduct the full amount of the accrued taxes,                    
          unreduced by the discount, on the ground that it utilized the               
          economic value of the discount to make the payments.  There is              
          not the slightest indication by the Court of Appeals that it                
          considered the economic value of the discount as constituting               
          property, which is the issue involved herein.  Such being the               
          case, and given the totally different circumstances involved                
          herein, we find respondent's reliance on Consolidated Edison Co             
          of New York, Inc.  misplaced.                                               
               The long and short of the matter is that the discount                  
          involved herein had economic value but that value cannot be                 
          equated with property for which petitioner made the prepayment.             
          Consequently, we answer in the negative the threshold question              
          delineated by the remand.                                                   
               Since there is no prepayment for property, we hold that the            
          prepayment in and of itself does not constitute investment-type             






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