Piggly Wiggly Southern, Inc. v. Commissioner
United States Tax Court
P purchased equipment for use in its remodeled, new, and relocated supermarkets. The equipment installed in the remodeled stores was in use in the fiscal years of purchase. The remodeled stores were not officially opened until subsequent fiscal years. The new and relocated stores did not open for business until the fiscal years subsequent to the fiscal years in which the equipment was purchased.
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P purchased equipment for use in its remodeled, new, and relocated supermarkets. The equipment installed in the remodeled stores was in use in the fiscal years of purchase. The remodeled stores were not officially opened until subsequent fiscal years. The new and relocated stores did not open for business until the fiscal years subsequent to the fiscal years in which the equipment was purchased. Held, only the equipment installed in the remodeled stores was "placed in service" in the fiscal years of purchase and qualified for depreciation and investment tax credits pursuant to secs. 167 and…
1Opinion of the Court
Hamblen, Judge-.
Respondent determined the following deficiencies in petitioners’ Federal corporate income taxes:
Fiscal year Deficiency
June 25, 1977. $82,057.00
June 24, 1979. 1,271.56
After concessions, the issues for decision are: (1) Whether new equipment purchased by petitioner Piggly Wiggly Southern, Inc. (Piggly Wiggly),1 during the fiscal years 1977 and 1979 for use in its new, relocated, or remodeled stores was "placed in service” during those fiscal years and therefore qualified for depreciation and investment tax credits under sections 1672 and 38 during the years at issue; and, (2)…
2Cases cited15 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Massey Motors, Inc. v. United StatesSupreme Court of the United States · 1960
- Richmond Television Corporation v. United StatesCourt of Appeals for the Fourth Circuit · 1965
- Whiteco Indus. v. Comm'rUnited States Tax Court · 1975
- Sears Oil Co., Inc., on Review v. Commissioner of Internal Revenue, on ReviewCourt of Appeals for the Second Circuit · 1966
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3Cited by58 opinions
- Rybak v. CommissionerUnited States Tax Court · 1988
- Norfolk Southern Corp. v. CommissionerUnited States Tax Court · 1995
- Piggly Wiggly Southern, Inc., Southern Graphic Art and Georgia Sales Company v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1986
- Sealy Power, Ltd. v. CommissionerCourt of Appeals for the Fifth Circuit · 1995
- Hospital Corp. of Am. v. CommissionerUnited States Tax Court · 1997
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