Legal Opinion

Jaske v. Commissioner

United States Tax Court

Decided September 18, 1986No. Docket No. 41977-84Unpublished

P purchased equipment from the estate of her deceased father who had used the equipment in his sole proprietorship trucking business. After the property was purchased, P used it in her separate sole proprietorship trucking business. P claimed an investment credit on her jointly filed Federal income tax return. The 1979 return was filed on January 29, 1981. R disallowed the claimed investment credit.

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P purchased equipment from the estate of her deceased father who had used the equipment in his sole proprietorship trucking business. After the property was purchased, P used it in her separate sole proprietorship trucking business. P claimed an investment credit on her jointly filed Federal income tax return. The 1979 return was filed on January 29, 1981. R disallowed the claimed investment credit. Held, the equipment does no qualify as "used section 38 property" since the property was previously used by P's father. Sec. 48(c)(1) and sec. 179(d)(2)(A). Heldfurther, R's determination that Ps…

1Opinion of the Court

BERNARD JASKE AND PAULINE JASKE, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Jaske v. Commissioner

Docket No. 41977-84.

United States Tax Court

T.C. Memo 1986-454; 1986 Tax Ct. Memo LEXIS 150; 52 T.C.M. (CCH) 573; T.C.M. (RIA) 86454;

September 18, 1986.

P purchased equipment from the estate of her deceased father who had used the equipment in his sole proprietorship trucking business. After the property was purchased, P used it in her separate sole proprietorship trucking business. P claimed an investment credit on her jointly filed Federal income tax return. The 1979 return was…

2Cases cited5 opinions

  1. Moradian v. CommissionerUnited States Tax Court · 1969
  2. Steven M. Kipperman and Stephanie Kipperman v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1980
  3. Joseph L. Holloman and Ruth Ann Holloman v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1977
  4. George Lee Kindred v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1982
  5. Crawford v. CommissionerUnited States Tax Court · 1978

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