Gilman v. Commissioner
United States Tax Court
Held: 1. Under sec. 1.165-3(b)(1), Income Tax Regs., the demolition cost of a roof to a building used in petitioner's business so that a second floor could be added to that building is a deductible loss; 2. The cost of scrapping air conditioners belonging to petitioners' tenants and replacing them with air conditioners usable on second floor roof, necessitated by demolition of first floor roof, is part of the demolition cost of the roof; 3. Petitioners failed to substantiate…
Read the full summary
Held: 1. Under sec. 1.165-3(b)(1), Income Tax Regs., the demolition cost of a roof to a building used in petitioner's business so that a second floor could be added to that building is a deductible loss; 2. The cost of scrapping air conditioners belonging to petitioners' tenants and replacing them with air conditioners usable on second floor roof, necessitated by demolition of first floor roof, is part of the demolition cost of the roof; 3. Petitioners failed to substantiate claimed deductions for entertainment expenses under the requirements of sec. 274(a) and (d), I.R.C. 1954, but did…
1Opinion of the Court
Scott, Judge:
Respondent determined deficiencies in petitioners’ Federal income tax for the taxable years 1973 and 1974 in the amounts of $7,008.26 and $4,314.75, respectively, and determined additions to tax for those years under section 6653(a), I.R.C. 1954,1 of $350.41 and $215.74, respectively.
Some of the issues raised by the pleadings have been disposed of by agreement of the parties leaving for our decision:(1) Whether petitioners are entitled to deduct for the year 1973 expenses for the demolition of air conditioning units owned and maintained by tenants in petitioners’ office building…
2Cases cited30 opinions
- Courtney v. CommissionerUnited States Tax Court · 1957
- A. Raymond Jones and Mary Lou Jones, Husband and Wife v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1958
- Jones v. CommissionerUnited States Tax Court · 1956
- Cam F. Dowell, Jr., Evelyn Dowell and Hillcrest State Bank, Plaintiffs v. United StatesCourt of Appeals for the Fifth Circuit · 1975
- Canelo v. CommissionerUnited States Tax Court · 1969
25 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Tonawanda Coke Corp. v. CommissionerUnited States Tax Court · 1990
- Gardner v. CommissionerUnited States Tax Court · 1987
- Holland v. CommissionerUnited States Tax Court · 1985
- Clayton v. CommissionerUnited States Tax Court · 1981
- Johnson v. CommissionerUnited States Tax Court · 1991
19 more not listed; retrieve them via the Exa API.