Legal Opinion
James v. Martuccio Louise A. Martuccio v. Commissioner of Internal Revenue
Court of Appeals for the Sixth Circuit
Decided July 28, 1994No. 93-2001PublishedCited by 9 opinions
1Opinion of the Court
MILBURN, Circuit Judge.
The issue in this appeal is whether petitioner James V. Martuccio 1 was “at risk” under 26 U.S.C. § 465 for the recourse portion of an installment note he executed as consideration for the purchase of certain computer equipment. The Tax Court held that he was not. For the reasons that follow, we reverse and remand.
I
This case involves a sale-leaseback transaction involving three major parties: (1) Tiger Computer, which is a division of National Equipment Rental, Ltd., 2 a corporation engaged in the business of leasing computer equipment and providing related services;…
2Cases cited13 opinions
- Rudman v. Cowles Communications, Inc.New York Court of Appeals · 1972
- Graf v. Hope Building Corp.New York Court of Appeals · 1930
- Nau v. Vulcan Rail & Construction Co.New York Court of Appeals · 1941
- Apfel v. Prudential-Bache Securities Inc.New York Court of Appeals · 1993
- Levy v. CommissionerUnited States Tax Court · 1988
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Levien v. CommissionerUnited States Tax Court · 1994
- Charles E. Nicholson, Jr. And Margaret K. Nicholson v. Commissioner of Internal Revenue ServiceCourt of Appeals for the Third Circuit · 1995
- Stephen Pledger (99-4254) Marcia G. Pledger(99-4276) v. United StatesCourt of Appeals for the Sixth Circuit · 2000
- Lurline Gardens Ltd. Housing Partnership v. United StatesUnited States Court of Federal Claims · 1997
- Hayes v. CommissionerUnited States Tax Court · 1995
4 more not listed; retrieve them via the Exa API.