Miller v. Commissioner
United States Tax Court
College leased land to CDC at $ 1 per year. Immediately thereafter, under a leaseback agreement, CDC leased the land, plus buildings to be constructed thereon, back to College for 25 years. CDC then had two buildings constructed to College's specifications. A 25-year mortgage note that financed construction of the buildings was signed by CDC.
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College leased land to CDC at $ 1 per year. Immediately thereafter, under a leaseback agreement, CDC leased the land, plus buildings to be constructed thereon, back to College for 25 years. CDC then had two buildings constructed to College's specifications. A 25-year mortgage note that financed construction of the buildings was signed by CDC. The note was secured by College's interest in the land and the buildings to be constructed thereon, as well as College's payments to CDC under the leaseback agreement. College's net monthly payments under the leaseback agreement equal the sum of CDC's…
1Opinion of the Court
Wiles, Judge:
Respondent determined deficiencies in petitioners’ income taxes of $12,269.00 for 1971, and $15,075.00 for 1972. The issues we must decide are whether petitioner, Dr. Miller,1 owned property interests in two buildings that entitle him to deductions for depreciation or amortization, and whether petitioner is entitled to interest expense deductions on mortgage notes that financed construction of the buildings.
FINDINGS OF FACT
Some of the facts have been stipulated and are found accordingly.
This case involves transactions between petitioners, Coronado Development Corp., Roberts…
2Cases cited13 opinions
- Gregory v. HelveringSupreme Court of the United States · 1935
- Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
- Helvering v. F. & R. Lazarus & Co.Supreme Court of the United States · 1939
- Estate of Charles T. Franklin, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1976
- Massey Motors, Inc. v. United StatesSupreme Court of the United States · 1960
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3Cited by35 opinions
- Hilton v. CommissionerUnited States Tax Court · 1980
- Tolwinsky v. CommissionerUnited States Tax Court · 1986
- Durkin v. CommissionerUnited States Tax Court · 1986
- Law v. CommissionerUnited States Tax Court · 1986
- Gustafson v. CommissionerUnited States Tax Court · 1991
30 more not listed; retrieve them via the Exa API.