Legal Opinion

State National Bank of El Paso, Trustee for Lee Moor Children's Home v. United States

Court of Appeals for the Fifth Circuit

Decided March 13, 1975No. 74--2276PublishedCited by 22 opinions

1Opinion of the Court

COLEMAN, Circuit Judge.

This is a suit for the refund of $473,-641.70 in federal income taxes ($348,-050.14 in taxes, plus $125,591.56 interest). The State National Bank of El Paso, the suing taxpayer, is Trustee for the Lee Moor Children’s Home. This, undoubtedly, is a charitable trust. The trust owned a 2875 acre irrigated farm in El Paso County, the largest farm in the County. The annual cost of operating the farm was $800,000. The necessary equipment was valued at $350,000.

The question is whether a purported lease agreement with Charles Calhoun was in fact a lease, compensated by rents,…

2Cases cited4 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Haley v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1953
  3. United States v. Myra FoundationCourt of Appeals for the Eighth Circuit · 1967
  4. Cooper Tire & Rubber Company Employees' Retirement Fund v. Commissioner Of Internal RevenueCourt of Appeals for the Sixth Circuit · 1962

3Cited by22 opinions

  1. Comdisco, Inc. v. United StatesCourt of Appeals for the Seventh Circuit · 1985
  2. Freesen v. CommissionerUnited States Tax Court · 1985
  3. AMERCO v. CommissionerUnited States Tax Court · 1984
  4. Corman v. Hospitality Restaurants, Inc. (In Re Interstate Restaurant Systems, Inc.)United States Bankruptcy Court, S.D. Florida. · 1982
  5. Marine Indemnity Insurance Co. of America v. Lockwood Warehouse & StorageCourt of Appeals for the Fifth Circuit · 1997

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