Rothenberg v. Commissioner
United States Tax Court
In 1946 the petitioners and others acquired several apartment buildings, and maintained and rented the apartments under the name of Realty. In certificates filed with the clerk of the county in which the property was located the petitioners represented that they were doing business as partners under the name of Realty. Through the years Realty filed Federal income tax returns as a partnership.
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In 1946 the petitioners and others acquired several apartment buildings, and maintained and rented the apartments under the name of Realty. In certificates filed with the clerk of the county in which the property was located the petitioners represented that they were doing business as partners under the name of Realty. Through the years Realty filed Federal income tax returns as a partnership. In 1961 the property was sold at a gain and in its return for that year Realty reported such gain on the completed-transaction basis. In their return for 1961 the petitioners reported their share of the…
1Opinion of the Court
OPINION
Atkins, Judge:
The respondent determined a deficiency in income tax for the petitioners’ taxable year 1961 in the amount of $19,251 and determined an addition to tax of $566.41 under section 6654 of the Internal Revenue Code of 1954 for underpayment of estimated tax. The respondent having conceded one of the issues herein, the only issue remaining for decision is whether the petitioners were entitled to elect to report gain on the sale of certain realty on the installment basis under section 453 of the Internal Revenue Code of 1954.
All of the facts have been stipulated and are so found.
T…
2Cases cited7 opinions
- Fackler v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1943
- Appleby v. CommissionerUnited States Board of Tax Appeals · 1940
- Fackler v. CommissionerUnited States Board of Tax Appeals · 1941
- Commissioner of Internal Rev. v. Appleby's EstateCourt of Appeals for the Second Circuit · 1941
- Hahn v. CommissionerUnited States Tax Court · 1954
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- McManus v. CommissionerUnited States Tax Court · 1975
- Demirjian v. CommissionerUnited States Tax Court · 1970
- Demirjian v. CommissionerCourt of Appeals for the Third Circuit · 1972
- Chase v. CommissionerUnited States Tax Court · 1989
- Mihran Demirjian and Mabel Demirjian v. Commissioner of Internal Revenue. Estate of Anne Demirjian, Deceased, Frank Demirjian, and Frank Demirjian, Surviving Spouse v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1972
8 more not listed; retrieve them via the Exa API.