Legal Opinion

Millinery Center Bldg. Corp. v. Commissioner

United States Tax Court

Decided February 26, 1954No. Docket No. 36321PublishedCited by 11 opinions

1. Petitioner purchased land which it had under lease for a period of 21 years for a consideration of $ 2,100,000. The fair market value of the land was $ 660,000, if it had been unimproved on the date of purchase. Petitioner claims that the remaining $ 1,440,000 was paid to secure the cancellation of a burdensome lease which had 21 years to run.

Read the full summary

1. Petitioner purchased land which it had under lease for a period of 21 years for a consideration of $ 2,100,000. The fair market value of the land was $ 660,000, if it had been unimproved on the date of purchase. Petitioner claims that the remaining $ 1,440,000 was paid to secure the cancellation of a burdensome lease which had 21 years to run. Petitioner claims deduction of the $ 1,440,000 which, it maintains, should be allocated to the cost of canceling the lease as an ordinary and necessary business expense under section 23 (a) of the Code. Held, the $ 1,440,000 is not deductible in the…

1Opinion of the Court

OPINION.

Black, Judge:

Petitioner states the issues raised by the pleadings, in its brief, as follows:

I

Is the petitioner entitled to deduct the amount of $1,500,000 or any part thereof incurred in connection with the cancellation of a burdensome lease as an ordinary and necessary expense under Section 23(a) or as a loss under Section 23(f) of the Internal Revenue Code? Or, in the alternative, is the petitioner entitled to amortize the said $1,500,000 or any part thereof incurred in obtaining a release from the burdensome 21 year lease over the remaining term of such lease?

II

In the further…

2Cases cited3 opinions

  1. Home Trust Co. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1933
  2. Cassatt v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1943
  3. Cleveland Allerton Hotel v. Commissioner of Int. Rev.Court of Appeals for the Sixth Circuit · 1948

3Cited by11 opinions

  1. Millinery Center Building Corp. v. CommissionerSupreme Court of the United States · 1956
  2. World Publishing Company v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1962
  3. Millinery Center Building Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1955
  4. Union Carbide Foreign Sales Corp. v. CommissionerUnited States Tax Court · 2000
  5. ABC Beverage Corp. & Subsidiaries v. United StatesDistrict Court, W.D. Michigan · 2008

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API