Olson v. Commissioner
United States Tax Court
Petitioners claimed a residential energy credit under sec. 44C, I.R.C. 1954, for certain expenditures incurred in connection with the installation of a wood burning stove in their home, contending that such stove constituted "renewable energy source property." Held: A wood burning stove does not qualify as "renewable energy source property."
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Petitioners claimed a residential energy credit under sec. 44C, I.R.C. 1954, for certain expenditures incurred in connection with the installation of a wood burning stove in their home, contending that such stove constituted "renewable energy source property." Held: A wood burning stove does not qualify as "renewable energy source property." Sec. 1.44C-6(c)(2)(i), Income Tax Regs., interpreting other qualifying renewable energy sources as "inexhaustible" energy sources and expressly excluding wood and wood by-products, is a valid exercise of the Secretary's statutorily granted discretion.
1Opinion of the Court
Parker, Judge:
Respondent determined a deficiency of $238 in petitioners’ Federal income tax for 1979.1 The sole issue for decision is whether certain expenditures incurred by petitioners in connection with the installation of a wood burning stove in petitioners’ home constitute "qualified renewable energy source expenditures,” thereby entitling petitioners to a residential energy credit under section 44C.2
FINDINGS OF FACT
This case was submitted fully stipulated. The stipulation of facts and exhibits attached thereto are incorporated herein by this reference.
Petitioners Theodore H. Olson and…
2Cases cited8 opinions
- Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
- United States v. Vogel Fertilizer Co.Supreme Court of the United States · 1982
- Rowan Cos. v. United StatesSupreme Court of the United States · 1981
- Fishman v. CommissionerUnited States Tax Court · 1969
- Irving and Helen Fishman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1970
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Estate of Gunland v. CommissionerUnited States Tax Court · 1987
- Peach v. CommissionerUnited States Tax Court · 1985
- Brown-Forman Corp. v. CommissionerUnited States Tax Court · 1990
- Page v. CommissionerUnited States Tax Court · 1986
- Newborn v. CommissionerUnited States Tax Court · 1990
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