Legal Opinion

Miller v. Commissioner

United States Tax Court

Decided August 8, 1967No. Docket No. 7172-65Published

Petitioner Samuel D. Miller, the prime lessee of a business property, granted a sublease at an increased rental to the purchaser of the going-concern business. During the taxable year in question, petitioner entered into two separate but contemporaneous agreements with his sublessee whereby the sublease was canceled in consideration of a $ 32,000 payment and all his interest in the prime lease was assigned to the former sublessee.

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Petitioner Samuel D. Miller, the prime lessee of a business property, granted a sublease at an increased rental to the purchaser of the going-concern business. During the taxable year in question, petitioner entered into two separate but contemporaneous agreements with his sublessee whereby the sublease was canceled in consideration of a $ 32,000 payment and all his interest in the prime lease was assigned to the former sublessee. Held, petitioner sold or exchanged a capital asset and is entitled to capital gains treatment for the $ 32,000 payment.

1Opinion of the Court

Samuel D. Miller and Mollie K. Miller, Petitioners v. Commissioner of Internal Revenue, Respondent

Miller v. Commissioner

Docket No. 7172-65

United States Tax Court

48 T.C. 649; 1967 U.S. Tax Ct. LEXIS 61;

August 8, 1967, Filed

Decision will be entered for the petitioners.

Petitioner Samuel D. Miller, the prime lessee of a business property, granted a sublease at an increased rental to the purchaser of the going-concern business. During the taxable year in question, petitioner entered into two separate but contemporaneous agreements with his sublessee whereby the sublease was canceled in…

2Cases cited14 opinions

  1. Hort v. CommissionerSupreme Court of the United States · 1941
  2. Commissioner of Internal Revenue v. José FerrerCourt of Appeals for the Second Circuit · 1962
  3. Commissioner of Internal Revenue v. Golonsky. Commissioner of Internal Revenue v. GoldCourt of Appeals for the Third Circuit · 1952
  4. Commissioner of Internal Revenue v. RayCourt of Appeals for the Fifth Circuit · 1954
  5. Ferrer v. CommissionerUnited States Tax Court · 1961

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