Morris v. Commissioner
United States Tax Court
A partnership composed of four of the petitioners herein occupied premises in a Los Angeles produce market as lessee under a 3-year lease which expired December 31, 1956. The lease was renewed in February 1957, prior to the end of the partnership's taxable year on February 28, 1957. This latter lease expired December 31, 1959. During November and December 1956, the partnership installed refrigeration equipment costing $ 23,855. Installation costs totaled $ 4,562.49. Such…
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A partnership composed of four of the petitioners herein occupied premises in a Los Angeles produce market as lessee under a 3-year lease which expired December 31, 1956. The lease was renewed in February 1957, prior to the end of the partnership's taxable year on February 28, 1957. This latter lease expired December 31, 1959. During November and December 1956, the partnership installed refrigeration equipment costing $ 23,855. Installation costs totaled $ 4,562.49. Such improvements became the property of the lessor and could not be removed by the lessee. The partnership had leased the same…
1Opinion of the Court
Bruce, Judge:
Respondent lias asserted the following deficiencies in income taxes for the taxable year 1957:
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Certain of tlie deficiencies asserted in the statutory notices are not contested by petitioners.
The questions for our determination are (1) whether the costs of installing refrigeration equipment on leased premises constituted capital expenses recoverable by petitioners on the same basis as the cost of the equipment, and (2) whether the cost of the equipment installed on leased premises is recoverable by petitioners (as lessee) through amortization over the term of 1 month…
2Cases cited6 opinions
- Nachman v. Commissioner of Internal Revenue. Tobias v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1951
- Nachman v. CommissionerUnited States Tax Court · 1949
- Kerr-Cochran, Inc. v. CommissionerUnited States Tax Court · 1958
- G. W. Van Keppel Company v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1961
- George H. Bowman Co. v. CommissionerCourt of Appeals for the D.C. Circuit · 1929
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Giumarra Bros. Fruit Co. v. CommissionerUnited States Tax Court · 1970
- Peterson v. CommissionerUnited States Tax Court · 1982
- Human Engineering Institute v. CommissionerUnited States Tax Court · 1978
- Giumarra Bros. Fruit Co. v. CommissionerUnited States Tax Court · 1970
- Hodge v. CommissionerUnited States Tax Court · 1976
2 more not listed; retrieve them via the Exa API.