Legal Opinion

Cunningham v. Commissioner

United States Tax Court

Decided June 17, 1957No. Docket Nos. 55090, 55091Published

Improvements by Lessee on Lessor's Property -- Sec. 22 (a) and (b) (11), I. R. C. 1939. -- The owner of real estate leased the property to a corporation of which she was a principal stockholder, manager, and financial backer. Under the lease the corporation was to make certain improvements upon the lots, pay the taxes on the property, and transfer title to the improvements to the lessor at the termination of the lease.

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Improvements by Lessee on Lessor's Property -- Sec. 22 (a) and (b) (11), I. R. C. 1939. -- The owner of real estate leased the property to a corporation of which she was a principal stockholder, manager, and financial backer. Under the lease the corporation was to make certain improvements upon the lots, pay the taxes on the property, and transfer title to the improvements to the lessor at the termination of the lease. The evidence establishes that the parties did not intend that the value of the improvements should constitute rent, but that the improvements were intended to benefit the…

1Opinion of the Court

Grace H. Cunningham, Petitioner, v. Commissioner of Internal Revenue, Respondent. Eugene F. Cunningham and Grace H. Cunningham, Husband and Wife, Petitioners, v. Commissioner of Internal Revenue, Respondent

Cunningham v. Commissioner

Docket Nos. 55090, 55091

United States Tax Court

28 T.C. 670; 1957 U.S. Tax Ct. LEXIS 157;

June 17, 1957, Filed

Decision will be entered for the petitioners.

Improvements by Lessee on Lessor's Property -- Sec. 22 (a) and (b) (11), I. R. C. 1939. -- The owner of real estate leased the property to a corporation of which she was a principal stockholder, manager, and…

2Cases cited8 opinions

  1. Helvering v. BruunSupreme Court of the United States · 1940
  2. M. E. Blatt Co. v. United StatesSupreme Court of the United States · 1938
  3. Miller v. GearinCourt of Appeals for the Ninth Circuit · 1919
  4. Hewitt Realty Co. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1935
  5. Greenwood Packing Plant v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1942

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