Roberts v. Commissioner
United States Tax Court
A so-called "Astro Needle" was an amusement device, some 200 feet high, featuring a passenger-carrying gondola which encircled a vertical tower and which ascended and descended the tower while rotating about it.
Read the full summary
A so-called "Astro Needle" was an amusement device, some 200 feet high, featuring a passenger-carrying gondola which encircled a vertical tower and which ascended and descended the tower while rotating about it. Held, the concrete base upon which the tower rested and the tower itself (consisting of steel sections welded or bolted to each other and to the concrete base) were not "tangible personal property" within sec. 48(a)(1)(A), I.R.C. 1954, and therefore did not qualify as "section 38 property."
1Opinion of the Court
Tbe Commissioner determined deficiencies in income tax as follows:
Docket No. Petitioner Year Amount 7262-71.Beverly it. and Linda L. Roberts. 1968 $1,032.70 7263-71-.Alfred H. and Clara Underwood. 1968 2,793.54 7264-71.Richard H. and Virginia S. Berry. 1968 1,368.26 7265-71-.Jack J. and Ann E. Randall. 1965 675.28 1968 692.98 7266-71.Herbert R. and Louise G. Alcorn. 1968 2,797.25
The sole issue is whether a steel tower and concrete base, constructed in 1968 as tbe principal structural components of a passenger-carrying amusement device, qualified as “section 38 property” eligible for tbe…
2Cases cited3 opinions
- Minot Federal Savings & Loan Assn. v. United StatesCourt of Appeals for the Eighth Circuit · 1970
- Wager v. CommissionerUnited States Tax Court · 1969
- Moore v. CommissionerUnited States Tax Court · 1972
3Cited by21 opinions
- Standard Oil Co. v. CommissionerUnited States Tax Court · 1981
- Whiteco Indus. v. Comm'rUnited States Tax Court · 1975
- Scott Paper Co. v. CommissionerUnited States Tax Court · 1980
- Illinois Cereal Mills, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1986
- La Croix v. CommissionerUnited States Tax Court · 1974
16 more not listed; retrieve them via the Exa API.