Westroads, Inc. v. Commissioner
United States Tax Court
In constructing its shopping center, petitioner installed equipment to generate electricity for sale to its tenants. Waste heat from such equipment was salvaged for use in its heating and air conditioning system. Held, the electrical generating equipment qualified as sec. 38 property as defined in sec. 48(a)(1)(B).
1Opinion of the Court
Quealy, Judge:
This proceeding involves the redetermination of a deficiency in income tax of petitioner for the taxable year ended January 31,1973, in the amount of $53,995. As a result of agreement by. the parties, the sole question remaining for decision is whether the cost of certain electrical generating equipment put into service by the petitioner in a regional shopping center, known as Westroads Shopping Center, qualifies as an investment in depreciable property under section 381 on account of which a credit is allowable under subpart B.
FINDINGS OF FACT
Some of the facts have been…
2Cases cited5 opinions
- Commissioner v. WilcoxSupreme Court of the United States · 1946
- Evans v. CommissionerUnited States Tax Court · 1967
- The Kramertown Company, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1974
- Ft. Walton Square, Inc. v. CommissionerUnited States Tax Court · 1970
- Hayden Island, Inc. v. United StatesDistrict Court, D. Oregon · 1974
3Cited by10 opinions
- Piggly Wiggly Southern, Inc. v. CommissionerUnited States Tax Court · 1985
- Samis v. CommissionerUnited States Tax Court · 1981
- Jake Z. Schrum Ruby E. Schrum Dannie L. Schrum Jeanette v. Schrum Donald L. Moore Judith A. Moore v. Commissioner of the Internal Revenue ServiceCourt of Appeals for the Fourth Circuit · 1994
- Grow v. CommissionerUnited States Tax Court · 1983
- Schrum v. CommissionerUnited States Tax Court · 1993
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