Milenbach v. Commissioner
United States Tax Court
P's were partners of the Raiders, a professional football team that received municipal funds repayable only from specific sources of revenue.
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P's were partners of the Raiders, a professional football team that received municipal funds repayable only from specific sources of revenue. The partnership also received funds from settlement of a lawsuit brought by the City of Oakland. 1. Held: Amounts received from the Los Angeles Memorial Coliseum Commission as "loans", to be repaid from revenue received from luxury suites, are taxable when received, because the obligation to repay was not unconditional. 2. Held, further, damages received from the City of Oakland were not allocated to goodwill or franchise value and are thus taxable. 3.…
1Opinion of the Court
COHEN, Judge:
Respondent determined deficiencies in Sheldon R. and Phyllis Milenbach’s Federal income taxes as follows:
Docket No. 28514-92
Year Deficiency
1980 .. $2,749
1981 . 1,822
1982 . 4,499
Respondent issued notices of final partnership administrative adjustment (fpaa’s) determining adjustments to partnership
Docket No. Adjustments to ordinary Other Year ended income adjustments1
1573-93 12/31/83 $1,239,528 $57,386
1574-93 12/31/84 4,990,534 35,505
1571-93 12/31/85 787,108 60,442
1572-93 12/31/86 1,149,513 121,759
12129-94 12/31/87 10,029,373 100,871
12129-94 12/31/88 11,616,054 51,973
12129-94…
2Cases cited34 opinions
- Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
- United States v. S. S. White Dental Manufacturing Co.Supreme Court of the United States · 1927
- United States v. Kirby Lumber CoSupreme Court of the United States · 1931
- Michael L. Rockwell, and Regina Rockwell v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1975
- Raytheon Production Corp. v. Commissioner of Int. Rev.Court of Appeals for the First Circuit · 1944
29 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Merkel v. CommissionerUnited States Tax Court · 1997
- Milenbach v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2003
- Fla. Progress Corp. v. Comm'rUnited States Tax Court · 2000
- John E. Rogers & Frances L. Rogers v. CommissionerUnited States Tax Court · 2018
- Knauss v. Comm'rUnited States Tax Court · 2005
18 more not listed; retrieve them via the Exa API.