Fieland v. Commissioner
United States Tax Court
Held, component depreciation not available in the circumstances of this case in respect of existing improvements to used real property acquired for a lump sum. Such improvements to the building made by the taxpayer's predecessor must be depreciated by the taxpayer-purchaser together with the building itself over the remaining useful life of the building. Held, further, allocations of taxpayer's purchase price between land and building made in the deficiency notice sustained.
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Held, component depreciation not available in the circumstances of this case in respect of existing improvements to used real property acquired for a lump sum. Such improvements to the building made by the taxpayer's predecessor must be depreciated by the taxpayer-purchaser together with the building itself over the remaining useful life of the building. Held, further, allocations of taxpayer's purchase price between land and building made in the deficiency notice sustained. Held, further, useful life of building determined. Held, further, so-called premium or excess rent paid by lessee over…
1Opinion of the Court
Louis C. Fieland and Ruth F. Fieland, Petitioners v. Commissioner of Internal Revenue, Respondent
Fieland v. Commissioner
Docket No. 2001-75
United States Tax Court
73 T.C. 743; 1980 U.S. Tax Ct. LEXIS 198;
January 30, 1980, Filed
Decision to be entered under Rule 155.
Held, component depreciation not available in the circumstances of this case in respect of existing improvements to used real property acquired for a lump sum. Such improvements to the building made by the taxpayer's predecessor must be depreciated by the taxpayer-purchaser together with the building itself over the remaining useful…
2Cases cited30 opinions
- Helvering v. BruunSupreme Court of the United States · 1940
- M. E. Blatt Co. v. United StatesSupreme Court of the United States · 1938
- Shainberg v. CommissionerUnited States Tax Court · 1959
- Commissioner of Internal Revenue v. Moore. Moore v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1953
- Friend v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1941
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