Gilken Corp. v. Commissioner
United States Tax Court
1. The petitioner, prior to April 1, the date of incidence of taxes later paid by it on real estate and personal property, had an executory contract, without possession, as to purchase of the property.
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1. The petitioner, prior to April 1, the date of incidence of taxes later paid by it on real estate and personal property, had an executory contract, without possession, as to purchase of the property. It received conveyance and possession upon June 1. Held, the petitioner was not owner on April 1, and may not deduct the taxes paid. 2. After recovering title to the property, petitioner leased it for ten years, the lease, original and as amended, providing for certain payments to be held as security for performance, and for rent on the final period of the lease, and an equivalent amount to be…
1Opinion of the Court
OPINION.
Disney, Judge:
The first question is whether petitioner is entitled to deduct certain taxes paid by it upon property, both real and personal, in the city of Detroit. The taxes were paid after July 25,1940. There is no essential disagreement as to the facts involved. Petitioner received conveyance of the property on June 1,1940. This was prior to the time when the taxes became a lien on the property on July 15, but it was after the date when, on April 1,1940, the taxes were assessed and thereby became a debt from the owner of the property. Since under Magruder v. Supplee, 316 U. S. 394,…
2Cases cited7 opinions
- Brown v. HelveringSupreme Court of the United States · 1934
- Magruder v. SuppleeSupreme Court of the United States · 1942
- Ernst Kern Co. v. CommissionerUnited States Tax Court · 1942
- Tracy v. ReedU.S. Circuit Court for the District of Oregon · 1889
- Gamble v. RossMichigan Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Commissioner v. Indianapolis Power & Light Co.Supreme Court of the United States · 1990
- Mills v. CommissionerUnited States Tax Court · 1948
- Bowen v. CommissionerUnited States Tax Court · 1949
- Pardee v. CommissionerUnited States Tax Court · 1967
- City Gas Company of Florida v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1982
44 more not listed; retrieve them via the Exa API.