Legal Opinion

Noble v. Commissioner

United States Tax Court

Decided September 13, 1978No. Docket No. 4276-76PublishedCited by 3 opinions

Petitioner's businesses were located in Brentwood, Tenn. Brentwood built a new sewer system and enacted an ordinance requiring petitioner to disconnect his private sewage treatment plant, hook up to the new system, and pay the City a one-time "tap fee" to help cover the capital cost of the system, and a monthly service charge to help cover Brentwood's operating expenses. Held: The "tap fee" was a special assessment for an improvement benefiting petitioner's property.

Read the full summary

Petitioner's businesses were located in Brentwood, Tenn. Brentwood built a new sewer system and enacted an ordinance requiring petitioner to disconnect his private sewage treatment plant, hook up to the new system, and pay the City a one-time "tap fee" to help cover the capital cost of the system, and a monthly service charge to help cover Brentwood's operating expenses. Held: The "tap fee" was a special assessment for an improvement benefiting petitioner's property. It was a capital expenditure. It was not deductible as a tax or business expense. Held, further, the intangible asset (use of…

1Opinion of the Court

Hall, Judge:

Respondent determined a deficiency of $2,620.69 in petitioners’ income tax for 1973. Due to concessions by both parties, the sole issue for decision is the tax treatment of a sewer tap fee paid by petitioners to the City of Brentwood, Tenn., in 1973. Specifically, the questions presented are:(1) Whether petitioners’ sewer tap fee paid to the City of Brentwood is a nondeductible tax for local improvements within the meaning of section 164(c)(1);1(2) Whether petitioners’ sewer tap fee is an ordinary and necessary business expense, or a capital expense; and(3) Whether petitioners’…

2Cases cited9 opinions

  1. United States v. ScovilSupreme Court of the United States · 1955
  2. Abraham Teitelbaum v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1961
  3. Woolrich Woolen Mills v. United StatesCourt of Appeals for the Third Circuit · 1961
  4. Badger Pipe Line Company v. The United StatesUnited States Court of Claims · 1968
  5. Lee Wilson & Co. v. CommissionerUnited States Board of Tax Appeals · 1932

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

3Cited by3 opinions

  1. Estate of Klosterman v. CommissionerUnited States Tax Court · 1992
  2. Estate of Klosterman v. CommissionerUnited States Tax Court · 1992
  3. Noble v. CommissionerUnited States Tax Court · 1978

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

Powered by the Exa API