Newborn v. Commissioner
United States Tax Court
Petitioners acquired and installed a heating and cooling system in their house. The system uses groundwater, with a temperature of about 56 o F, stored in underground tanks as the source for energy to heat the house and as the "sink" for energy drawn from the house in cooling. The system is a water-to-air heat pump.
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Petitioners acquired and installed a heating and cooling system in their house. The system uses groundwater, with a temperature of about 56 o F, stored in underground tanks as the source for energy to heat the house and as the "sink" for energy drawn from the house in cooling. The system is a water-to-air heat pump. Held: 1. The system is not "renewable energy source property" which uses "solar energy". Sec. 44C(c)(5)(A)(i) (now in sec. 23), I.R.C. 1954. Sec. 1.44C-2(f)(1), Income Tax Regs., validly disallows the claimed residential energy credit. 2. The system is not "renewable energy source…
1Opinion of the Court
CHABOT, Judge:
Respondent determined a deficiency in Federal individual income tax against petitioners for 1980 in the amount of $4,000. The issue for decision is whether petitioners are entitled to a residential energy credit under section 44C1 for their purchase and installation of certain energy-saving equipment in connection with their new home.
FINDINGS OF FACT
Some of the facts have been stipulated; the stipulations and the stipulated exhibits are incorporated herein by this reference.
When the petition was filed in the instant case, petitioners, husband and wife, resided in Hollidaysburg,…
2Cases cited10 opinions
- Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
- United States v. CorrellSupreme Court of the United States · 1967
- Bingler v. JohnsonSupreme Court of the United States · 1969
- Fulman v. United StatesSupreme Court of the United States · 1978
- Estate of Boeshore v. CommissionerUnited States Tax Court · 1982
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3Cited by8 opinions
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- John F. Romann v. CommissionerUnited States Tax Court · 1998
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