
    No. 53.
    In Re Assessment of Income Taxes Honolulu Rapid Transit and Land Co.
    Appeal from tax appeal court, Oalxu.
    Submitted December 23, 1907.
    Decided February 20, 1908.
    Hartwell, 0. J., Wilder and Ballou, JJ.
    
      C. R. Ilememvay, Attorney General, and M. F. Prosser for the Tax Assessor. Castle & Withinglon for the Taxpayer.
   Per curiam:

This is an appeal from the decision of the tax appeal court disallowing a deduction of $23,244 for loss from wear and tear in use claimed by the taxpayer as a proper deduction from gross income-for the year 1906. The principles involved have been fully discussed In re Assessment of Income Taxes Honolulu Rapid Transit and Land Company, 18 Haw. 15; In re Assessment of Income Taxes Ewa Plantation Company, 18 Haw. 530. In regard to appellant’s claim to a nontaxable Federal franchise we may also refer to Miner’s Bank v. Iowa, 12 How. 1. The decision appealed from is affirmed.  