Legal Opinion

Santa Anita Consol., Inc. v. Commissioner

United States Tax Court

Decided July 2, 1968No. Docket No. 3577-65PublishedCited by 73 opinions

In 1957, LATC and CBS organized a corporation (POP) to construct and operate an amusement park, investing $ 1,800,000 in stock and guaranteeing a line of credit of $ 8,750,000. In 1959, LATC transferred its POP stock and $ 4,396,000 to Pacific, an unrelated corporation, and received a release of its liability as guarantor.

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In 1957, LATC and CBS organized a corporation (POP) to construct and operate an amusement park, investing $ 1,800,000 in stock and guaranteeing a line of credit of $ 8,750,000. In 1959, LATC transferred its POP stock and $ 4,396,000 to Pacific, an unrelated corporation, and received a release of its liability as guarantor. Held, LATC incurred an ordinary loss in 1959, deductible under sec. 165(a), I.R.C. 1954, of $ 4,396,000 on payment for its release from the guaranty obligation; held, further, LATC incurred a capital loss of $ 900,000 on the transfer of its POP stock to Pacific.

1Opinion of the Court

Feati-ierston, Judge:

Respondent determined deficiencies in petitioner’s Federal corporate income tax as follows:

TV Tú Ool. SI— Amount

1956_ $700, 575. 38

1958_ 207. 99

1959- 1, 586, 790.02

Certain issues have been conceded by the parties. The questions remaining for decision are: (1) Whether petitioner is entitled to a deduction for a loss in the year 1959 resulting from its payment of $4,396,000 in connection with the transfer of its interest in Pacific Ocean Park, Inc., to Pacific Seaboard Land Co. and, if so, whether the loss is an ordinary loss or a capital loss; (2) whether petitioner…

2Cases cited61 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  3. Spring City Foundry Co. v. CommissionerSupreme Court of the United States · 1934
  4. John Kelley Co. v. CommissionerSupreme Court of the United States · 1946
  5. Putnam v. CommissionerSupreme Court of the United States · 1956

56 more not listed; retrieve them via the Exa API.

3Cited by73 opinions

  1. Crown v. CommissionerUnited States Tax Court · 1981
  2. Estate of Leavitt v. CommissionerUnited States Tax Court · 1988
  3. Rushing v. CommissionerUnited States Tax Court · 1972
  4. Blum v. CommissionerUnited States Tax Court · 1972
  5. Martin v. CommissionerUnited States Tax Court · 1969

68 more not listed; retrieve them via the Exa API.

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