Legal Opinion

Peat Oil & Gas Assocs. v. Commissioner

United States Tax Court

Decided March 31, 1993No. Docket Nos. 30296-87, 20081-88, 20130-88, 820-91, 24514-91, 30440-91Published

In Smith v. Commissioner, 91 T.C. 733 (1988), the synthetic fuel activities of petitioners were held to lack economic substance, and deductions for license fees, interest expense, and research and development expenses relating to those activities were denied. Held, the deductions claimed by petitioners in subsequent years are denied. Held, further: Smith v. Commissioner, 937 F.2d 1089 (6th Cir. 1991), revg. 91 T.C. 733 (1988), is not followed.

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In Smith v. Commissioner, 91 T.C. 733 (1988), the synthetic fuel activities of petitioners were held to lack economic substance, and deductions for license fees, interest expense, and research and development expenses relating to those activities were denied. Held, the deductions claimed by petitioners in subsequent years are denied. Held, further: Smith v. Commissioner, 937 F.2d 1089 (6th Cir. 1991), revg. 91 T.C. 733 (1988), is not followed. Karr v. Commissioner, 924 F.2d 1018 (11th Cir. 1991), affg. Smith v. Commissioner, 91 T.C. 733 (1988), is followed.

1Opinion of the Court

PEAT OIL AND GAS ASSOCIATES, JAMES KARR, A PARTNER OTHER THAN THE TAX MATTERS PARTNER, ET AL., 1 Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Peat Oil & Gas Assocs. v. Commissioner

Docket Nos. 30296-87, 20081-88, 20130-88, 820-91, 24514-91, 30440-91

United States Tax Court

100 T.C. 271; 1993 U.S. Tax Ct. LEXIS 18; 100 T.C. No. 17;

March 31, 1993, Filed

In Smith v. Commissioner, 91 T.C. 733 (1988), the synthetic fuel activities of petitioners were held to lack economic substance, and deductions for license fees, interest expense, and research and development expenses relating to those…

Also in this document: Concurrence · Swift; Concurrence · Ruwe.

2Cases cited87 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  4. Frank Lyon Co. v. United StatesSupreme Court of the United States · 1978
  5. Helvering v. National Grocery Co.Supreme Court of the United States · 1938

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