Legal Opinion

Odend'hal v. Commissioner

United States Tax Court

Decided March 28, 1983No. Docket Nos. 8553-78, 8554-78, 3066-79, 5780-79, 2275-80, 2446-80, 2627-80, 6107-80, 6108-80, 6228-80PublishedCited by 89 opinions

Petitioners are 7 of 10 co-tenants of commercial real estate. The purchase price for the co-tenants' interests was $ 4 million, which included a $ 3,920,000 nonrecourse loan from the seller. Held: The fair market value of the co-tenants' interests did not exceed $ 2 million upon acquisition. The $ 4 million purchase price and the $ 3,920,000 nonrecourse amount unreasonably exceeded the value of the co-tenants' interests.

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Petitioners are 7 of 10 co-tenants of commercial real estate. The purchase price for the co-tenants' interests was $ 4 million, which included a $ 3,920,000 nonrecourse loan from the seller. Held: The fair market value of the co-tenants' interests did not exceed $ 2 million upon acquisition. The $ 4 million purchase price and the $ 3,920,000 nonrecourse amount unreasonably exceeded the value of the co-tenants' interests. Accordingly, petitioners may not include the nonrecourse amount in depreciable basis, nor may they deduct interest paid on the nonrecourse amount because the nonrecourse…

1Opinion of the Court

OPINION

Nims, Judge:

Respondent determined the following deficiencies in petitioners’ Federal income taxes and additions to tax in these consolidated cases:

Docket No. Petitioners) Sec. 6651(a)2 Year Deficiency addition to tax

8553-78 Fortune Odend’hal, Jr., Gloria P. Odend’hal 1973 $42,709.00 0

8554-78 Fortune Odend’hal, Jr. 1974 45,086.00 0

3066-79 William J. Cassidy 1973 32,918.00 1974 32,950.00 $6,221.00 and Clotilda G. Cassidy 0

1975 9,540.00 0

1975 37,374.00 5780-79 Fortune Odend’hal, Jr. 5,606.00

1975 17,722.00 1976 22,307.00 2275-80 Dean L. Mann and Beverly D. Mann 0 0

1975 10,652.00 1976…

2Cases cited17 opinions

  1. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  2. Knetsch v. United StatesSupreme Court of the United States · 1960
  3. Crane v. CommissionerSupreme Court of the United States · 1947
  4. Commissioner v. BrownSupreme Court of the United States · 1965
  5. Brannen v. CommissionerUnited States Tax Court · 1982

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

3Cited by89 opinions

  1. Flowers v. CommissionerUnited States Tax Court · 1983
  2. Fox v. CommissionerUnited States Tax Court · 1983
  3. Falsetti v. CommissionerUnited States Tax Court · 1985
  4. Waddell v. CommissionerUnited States Tax Court · 1986
  5. Crocker v. CommissionerUnited States Tax Court · 1989

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

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