Evans v. Commissioner
United States Tax Court
Petitioners purchased a used 111-space mobile home park for $ 327,000. Of this total, $ 143,000 was for land and $ 184,000 for improvements. The $ 184,000 included $ 12,500 each for a sewage disposal system, a water distribution system, an electrical energy distribution system, and a natural gas distribution system. These systems were used in connection with the operation of the trailer park.
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Petitioners purchased a used 111-space mobile home park for $ 327,000. Of this total, $ 143,000 was for land and $ 184,000 for improvements. The $ 184,000 included $ 12,500 each for a sewage disposal system, a water distribution system, an electrical energy distribution system, and a natural gas distribution system. These systems were used in connection with the operation of the trailer park. Held, petitioners are not entitled to an investment credit for the cost of the systems under secs. 38 and 48(a)(1)(B), I.R.C. 1954.
1Opinion of the Court
OPINION
Testjens, Judge:
The Commissioner determined deficiencies in income tax as follows: 1962, $236.43; 1963, $1,089.35.
The petitioners claim an overpayment of $1,239.63 in income taxes for 1962.
The sole issue is whether all or any part of the systems used to furnish water, gas, electricity, and sewage disposal services to occupants of petitioners’ trailer park are section 38 property as defined in section 48(a)(1) of the Internal Revenue Code of 1954.1 The other issues raised by the pleadings have been conceded by the respondent, and the concessions will be given effect under Rule 50.
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2Cases cited6 opinions
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
- Tanner v. CommissionerUnited States Tax Court · 1965
- Denniston v. CommissionerUnited States Tax Court · 1964
- Lawton v. CommissionerUnited States Tax Court · 1959
1 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Reiff v. CommissionerUnited States Tax Court · 1981
- Catron v. CommissionerUnited States Tax Court · 1968
- Frank J. Evans and Margueritte A. Evans v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1969
- Everhart v. CommissionerUnited States Tax Court · 1973
- Munford, Inc. v. CommissionerUnited States Tax Court · 1986
53 more not listed; retrieve them via the Exa API.