Legal Opinion

Holmes v. United States

District Court, W.D. New York

Decided November 17, 1994No. 91-CV-0737E(M)PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

ELFVIN, District Judge.

Presently before this Court is a renewal of the defendant’s motion for judgment as a matter of law pursuant to Rule 50(b) of the Federal Rules of Civil Procedure (“FRCvP”) or, in the alternative, for a new trial pursuant to FRCvP 59. For the reasons stated herein below, both reliefs will be denied.

Involved herein are a cooperative apartment in Brooklyn Heights, N.Y. and the tax deductions taken by the above-named plaintiffs — a mother and her son 1 — pursuant to their partnership’s shares in the cooperative corporate owner of the building wherein the…

2Cases cited13 opinions

  1. Manhattan General Equipment Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
  2. James Dunlap-Mcculler v. The Riese Organization Mannu Sohi Robert Gladstone Gary ChielmewskiCourt of Appeals for the Second Circuit · 1992
  3. Smith v. Lightning Bolt Productions, Inc.Court of Appeals for the Second Circuit · 1988
  4. Coca-Cola Bottling Co. of Elizabethtown, Inc. v. Coca-Cola Co.Supreme Court of the United States · 1993
  5. Fishman v. CommissionerUnited States Tax Court · 1969

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3Cited by1 opinion

  1. Eugene Holmes, Margaret Holmes, as Voluntary Administrator for Eugene Holmes (Deceased), and Mark Holmes v. United StatesCourt of Appeals for the Second Circuit · 1996

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