Legal Opinion
American Realty Trust v. United States
Court of Appeals for the Fourth Circuit
Decided June 24, 1974No. 73-2488PublishedCited by 26 opinions
1Opinion of the Court
ADAMS, Circuit Judge.
After the sale and lease-back of a particular piece of commercial real estate, who, as between the seller-lessee and the buyer-lessor, is entitled to claim, for federal tax purposes, a depreciation deduction for the property? That is the key issue in this case, and it arises from the attempt by a real estate investment trust to take a depreciation deduction on an apartment house that it purchased and then leased back to the seller.
The taxpayer, American Realty Trust (“ART”), is a real estate investment trust, that since its inception in 1961 has sought the favorable tax…
2Cases cited6 opinions
- Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
- Continental Ore Co. v. Union Carbide & Carbon Corp.Supreme Court of the United States · 1962
- Tennant v. Peoria & Pekin Union Railway Co.Supreme Court of the United States · 1944
- Helvering v. F. & R. Lazarus & Co.Supreme Court of the United States · 1939
- Union Planters National Bank of Memphis v. United StatesCourt of Appeals for the Sixth Circuit · 1970
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Frank Lyon Co. v. United StatesSupreme Court of the United States · 1978
- Estate of Charles T. Franklin, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1976
- Estate of Thomas v. CommissionerUnited States Tax Court · 1985
- Hilton v. CommissionerUnited States Tax Court · 1980
- Sun Oil Company, Transferee, Sunray Dx Oil Company and Subsidiaries, Transferor v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1977
21 more not listed; retrieve them via the Exa API.