Legal Opinion

W. C. & A. N. Miller Dev. Co. v. Commissioner

United States Tax Court

Decided September 26, 1983No. Docket No. 10934-78PublishedCited by 15 opinions

M Company was engaged in the business of developing real estate which it had acquired and upon which it constructed single-family, detached homes. It filed a Form 970 -- Application to Use LIFO Inventory Method. M Company applied to use a LIFO method in accounting for its completed homes and homes under construction, exclusive of land costs. Such method was to be used by M Company beginning with its 1974 fiscal year.

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M Company was engaged in the business of developing real estate which it had acquired and upon which it constructed single-family, detached homes. It filed a Form 970 -- Application to Use LIFO Inventory Method. M Company applied to use a LIFO method in accounting for its completed homes and homes under construction, exclusive of land costs. Such method was to be used by M Company beginning with its 1974 fiscal year. For its fiscal year ended Sept. 30, 1973, and prior years, M Company has accounted for its construction costs using a job cost method. Under this method, each home was treated as…

1Opinion of the Court

Scott, Judge:

Respondent determined deficiencies in the corporate income tax of petitioner W. C. & A. N. Miller Development Co. for its fiscal years ended September 30,1974, September 30, 1975, and September 30, 1976, in the amounts of $66,922.56, $6,213.12, and $54,309.47, respectively.

The sole issue for decision is whether petitioner is entitled to use the LIFO (last-in, first-out) inventory method of accounting in computing the costs of homes it constructed and sold in various of its real estate developments during the years in issue.

FINDINGS OF FACT

Some of the facts have been stipulated…

2Cases cited14 opinions

  1. Thor Power Tool Co. v. CommissionerSupreme Court of the United States · 1979
  2. Lucas v. Kansas City Structural Steel Co.Supreme Court of the United States · 1930
  3. Shaw Construction Company v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1963
  4. Peninsula Steel Products & Equipment Co. v. CommissionerUnited States Tax Court · 1982
  5. Shaw Constr. Co. v. CommissionerUnited States Tax Court · 1961

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

3Cited by15 opinions

  1. Homes by Ayres v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1986
  2. John E. Rogers & Frances L. Rogers v. CommissionerUnited States Tax Court · 2018
  3. RACMP Enters. v. CommissionerUnited States Tax Court · 2000
  4. Estate of Scott C. Ronning, Harlan L. Paul, Personal Representative v. CommissionerUnited States Tax Court · 2019
  5. Carpenter v. CommissionerUnited States Tax Court · 1994

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

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