Legal Opinion

Ft. Walton Square, Inc. v. Commissioner

United States Tax Court

Decided March 26, 1970No. Docket No. 5329-68Published

1. Held, the useful life of concrete brick buildings at a shopping center was determined to be 30 years. Held, further, that the lessor and the lessee were not "related persons" within the meaning of sec. 178(b) and the cost of the buildings could be amortized over the term of petitioner's lease. 2. Held, the useful lives of other equipment and improvements at the shopping center were determined. 3. Held, the heating and air-conditioning systems serving the stores in the…

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1. Held, the useful life of concrete brick buildings at a shopping center was determined to be 30 years. Held, further, that the lessor and the lessee were not "related persons" within the meaning of sec. 178(b) and the cost of the buildings could be amortized over the term of petitioner's lease. 2. Held, the useful lives of other equipment and improvements at the shopping center were determined. 3. Held, the heating and air-conditioning systems serving the stores in the shopping center did not qualify as "section 38 property" with respect to which petitioner was entitled to an investment tax…

1Opinion of the Court

Fort Walton Square, Inc., Petitioner v. Commissioner of Internal Revenue, Respondent

Ft. Walton Square, Inc. v. Commissioner

Docket No. 5329-68

United States Tax Court

54 T.C. 653; 1970 U.S. Tax Ct. LEXIS 178;

March 26, 1970, Filed

Decision will be entered under Rule 50.

1. Held, the useful life of concrete brick buildings at a shopping center was determined to be 30 years. Held, further, that the lessor and the lessee were not "related persons" within the meaning of sec. 178(b) and the cost of the buildings could be amortized over the term of petitioner's lease.

2. Held, the useful lives of other…

2Cases cited3 opinions

  1. James v. United StatesSupreme Court of the United States · 1961
  2. Ft. Walton Square, Inc. v. CommissionerUnited States Tax Court · 1970
  3. Shelden Land Co. v. CommissionerUnited States Board of Tax Appeals · 1940

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