Legal Opinion

Merchants Refrigerating Co. v. Commissioner

United States Tax Court

Decided September 6, 1973No. Docket No. 1363-70PublishedCited by 11 opinions

The principal component of a building consisted of a large freezer room in which frozen foods were stored. Held, the freezer room was a "storage facility,"not a "building," within sec. 48(a)(1)(B), I.R.C. 1954, and therefore qualified for the investment credit as "section 38 property." Robert E. Catron, 50 T.C. 306, and Central Citrus Co., 58 T.C. 365, followed.

1Opinion of the Court

The Commissioner determined a $19,823.50 deficiency in petitioner’s 1968 income tax. The only issue for decision is whether a facility used exclusively to store frozen foods was “section 38 property” eligible for the investment credit.

FINDINGS OF FACT

The parties have filed a stipulation of facts which, together with accompanying exhibits, is incorporated herein by this reference.

Petitioner is a wholly owned subsidiary of Merchants Refrigerating Co., a New York corporation. At the time its petition herein was filed, petitioner’s principal place of business was at Modesto, Calif. Its Federal…

2Cases cited8 opinions

  1. Catron v. CommissionerUnited States Tax Court · 1968
  2. Central Citrus Co. v. CommissionerUnited States Tax Court · 1972
  3. Northville Dock Corp. v. CommissionerUnited States Tax Court · 1969
  4. Commissioner of Internal Revenue v. Schuyler Grain Co., Inc.Court of Appeals for the Seventh Circuit · 1969
  5. Schuyler Grain Co. v. CommissionerUnited States Tax Court · 1968

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

3Cited by11 opinions

  1. Illinois Cereal Mills, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1986
  2. Munford, Inc. v. CommissionerUnited States Tax Court · 1986
  3. Morrison, Incorporated, Cross-Appellants v. Commissioner of Internal Revenue, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1990
  4. Dowling ex rel. Estate of Dowling v. South Carolina Tax CommissionSupreme Court of South Carolina · 1993
  5. L & B Corp. v. CommissionerCourt of Appeals for the Eighth Circuit · 1988

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

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