Legal Opinion

Eller v. Commissioner

United States Tax Court

Decided October 29, 1981No. Docket Nos. 3249-80, 3250-80Published

One of the corporate petitioners derived income from the operation of a commercial shopping center and a mobile home park. Held, this income constitutes personal holding company income (rents) within the meaning of sec. 543(a)(2), I.R.C. 1954. Webster Corp. v. Commissioner, 25 T.C. 55 (1955), affd. per curiam 240 F.2d 164 (2d Cir. 1957), distinguished.

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One of the corporate petitioners derived income from the operation of a commercial shopping center and a mobile home park. Held, this income constitutes personal holding company income (rents) within the meaning of sec. 543(a)(2), I.R.C. 1954. Webster Corp. v. Commissioner, 25 T.C. 55 (1955), affd. per curiam 240 F.2d 164 (2d Cir. 1957), distinguished. A related partnership sold real estate situated on which was a single-family dwelling which the individual petitioners continued to occupy rent free for a 2-year period following the sale. Held, petitioners' possessory interest was based on a…

1Opinion of the Court

Walt E. Eller and Dorothy M. Eller, Petitioners v. Commissioner of Internal Revenue, Respondent; Walt Eller Trailer Sales of Modesto, Inc., and Walt Eller Trailer Sales of Merced, Inc., Petitioners v. Commissioner of Internal Revenue, Respondent

Eller v. Commissioner

Docket Nos. 3249-80, 3250-80

United States Tax Court

77 T.C. 934; 1981 U.S. Tax Ct. LEXIS 33;

October 29, 1981, Filed

Decisions will be entered under Rule 155.

One of the corporate petitioners derived income from the operation of a commercial shopping center and a mobile home park. Held, this income constitutes personal holding company…

2Cases cited14 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Botany Worsted Mills v. United StatesSupreme Court of the United States · 1929
  3. Interstate Circuit, Inc. v. United StatesSupreme Court of the United States · 1939
  4. Willcutts v. BunnSupreme Court of the United States · 1931
  5. Samuel Pollack and Annie Pollack v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1968

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