Legal Opinion

885 Inv. Co. v. Commissioner

United States Tax Court

Decided August 16, 1990No. Docket Nos. 3547-87, 4560-87PublishedCited by 29 opinions

In 1979 and 1981, 885, a limited partnership, donated parcels of land to the city of Sacramento for use as a scenic corridor and claimed charitable contribution deductions for such transfers. In 1983, the city conveyed the donated parcels back to 885. Held: 1. No charitable contribution deduction is allowable for the 1979 and 1981 conveyances because such conveyances were subject to a condition, the occurrence of which was not so remote as to be negligible.

Read the full summary

In 1979 and 1981, 885, a limited partnership, donated parcels of land to the city of Sacramento for use as a scenic corridor and claimed charitable contribution deductions for such transfers. In 1983, the city conveyed the donated parcels back to 885. Held: 1. No charitable contribution deduction is allowable for the 1979 and 1981 conveyances because such conveyances were subject to a condition, the occurrence of which was not so remote as to be negligible. Sec. 1.170A-1(e), Income Tax Regs. Therefore, the individual petitioners, partners in 885, are not entitled to deduct as a charitable…

1Opinion of the Court

JACOBS, Judge:

Respondent determined the following deficiencies in and additions to petitioners’ Federal income taxes in docket No. 4560-87:

Additions to tax

Petitioner Year Deficiency Sec. 6653(a)(1)*,1 Sec. 6659

Enlow & Melena 1981 $40,650 $2,033 $11,930

Ose 1982 27,984 1,399 8,395

Edward & Karen Christenson 1981 6,473 324 1,940

Robert & Nancy Laddish 1981 5,385 269 1,616

Richard & Elnora Bradish 1981 1,971 99 591

Respondent also determined that these petitioners (individual petitioners) were hable for increased interest on tax-motivated transactions pursuant to section 6621(c).

With respect to…

2Cases cited34 opinions

  1. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  2. Dobson v. CommissionerSupreme Court of the United States · 1944
  3. Buffalo Tool & Die Mfg. Co. v. CommissionerUnited States Tax Court · 1980
  4. Mitchell v. United StatesSupreme Court of the United States · 1925
  5. Maxwell v. CommissionerUnited States Tax Court · 1986

29 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Hambrose Leasing 1984-5 Ltd. Partnership v. CommissionerUnited States Tax Court · 1992
  2. Tele-Communications v. CommissionerUnited States Tax Court · 1990
  3. Knight v. CommissionerUnited States Tax Court · 2000
  4. Nestle Holdings v. CommissionerUnited States Tax Court · 1995
  5. Graev v. CommissionerUnited States Tax Court · 2013

24 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API