Legal Opinion

Harmont Plaza, Inc. v. Commissioner

United States Tax Court

Decided July 24, 1975No. Docket No. 7767-73Published

Petitioner leased property it owned in Youngstown, Ohio, to Sears, Roebuck & Co. under a long-term lease. In 1968, the Cafaros, who owned 90 percent of petitioner's stock, entered into an agreement with the DeBartolo interests to build an enclosed shopping mall on property owned by the two interests in Boardman, Ohio. A new corporation, Southern Park, Inc., was formed for that purpose.

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Petitioner leased property it owned in Youngstown, Ohio, to Sears, Roebuck & Co. under a long-term lease. In 1968, the Cafaros, who owned 90 percent of petitioner's stock, entered into an agreement with the DeBartolo interests to build an enclosed shopping mall on property owned by the two interests in Boardman, Ohio. A new corporation, Southern Park, Inc., was formed for that purpose. In order to induce Sears to move from the Youngstown location to Southern Park the interested parties entered into various agreements whereunder Southern Park, Inc., indemnified petitioner for any loss of…

1Opinion of the Court

Harmont Plaza, Inc., Petitioner v. Commissioner of Internal Revenue, Respondent

Harmont Plaza, Inc. v. Commissioner

Docket No. 7767-73

United States Tax Court

64 T.C. 632; 1975 U.S. Tax Ct. LEXIS 104;

July 24, 1975, Filed

Decision will be entered for the respondent.

Petitioner leased property it owned in Youngstown, Ohio, to Sears, Roebuck & Co. under a long-term lease. In 1968, the Cafaros, who owned 90 percent of petitioner's stock, entered into an agreement with the DeBartolo interests to build an enclosed shopping mall on property owned by the two interests in Boardman, Ohio. A new corporation,…

2Cases cited13 opinions

  1. Spring City Foundry Co. v. CommissionerSupreme Court of the United States · 1934
  2. Commissioner v. HansenSupreme Court of the United States · 1959
  3. Schulde v. CommissionerSupreme Court of the United States · 1963
  4. Lucas v. North Texas Lumber Co.Supreme Court of the United States · 1930
  5. Corn Exchange Bank v. United StatesCourt of Appeals for the Second Circuit · 1930

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