Legal Opinion

Azar Nut Co. v. Commissioner

United States Tax Court

Decided March 20, 1990No. Docket No. 10416-88PublishedCited by 9 opinions

Pursuant to an employment contract, petitioner purchased for full market value ($ 285,000) a house owned by a terminated executive employee. Petitioner immediately tried to resell the house but was unable to do so for 2 years, at which time the house was sold for a loss of $ 111,366. Petitioner claimed the loss as an ordinary loss. Respondent disallowed it as an ordinary loss because the house was a capital asset.

Read the full summary

Pursuant to an employment contract, petitioner purchased for full market value ($ 285,000) a house owned by a terminated executive employee. Petitioner immediately tried to resell the house but was unable to do so for 2 years, at which time the house was sold for a loss of $ 111,366. Petitioner claimed the loss as an ordinary loss. Respondent disallowed it as an ordinary loss because the house was a capital asset. Held, petitioner's loss on the resale of the house was a capital loss, not deductible as an ordinary loss. Arkansas Best Corp. v. Commissioner, 485 U.S. 212 (1988).

1Opinion of the Court

DRENNEN, Judge:

Respondent determined a deficiency in petitioner’s Federal income tax liability in the amount of $51,228.38 for the tax year ended June 29, 1985. The sole issue for our decision is whether petitioner is entitled to deduct a loss of $111,366 on the resale of a terminated executive’s house in the tax year ended June 29, 1985. Resolution of this issue is primarily dependent upon whether petitioner held the house other than as a capital asset inasmuch as petitioner was required to purchase the house from its employee pursuant to the terms of an employment contract.

OPINION

This case…

2Cases cited11 opinions

  1. Commissioner v. TellierSupreme Court of the United States · 1966
  2. Enoch v. CommissionerUnited States Tax Court · 1972
  3. T. B. Harms Company v. Edward Eliscu and Ross Jungnickel, Inc.Court of Appeals for the Second Circuit · 1964
  4. Arkansas Best Corp. v. CommissionerSupreme Court of the United States · 1988
  5. Commissioner of Internal Revenue v. The Bagley & Sewall Co.Court of Appeals for the Second Circuit · 1955

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Federal Nat'l Mortgage Ass'n v. CommissionerUnited States Tax Court · 1993
  2. Guardian Indus. Corp. v. CommissionerUnited States Tax Court · 1991
  3. CMA Consol., Inc. v. Comm'rUnited States Tax Court · 2005
  4. Dover Corp. v. Comm'rUnited States Tax Court · 2004
  5. Azar Nut Co. v. CommissionerUnited States Tax Court · 1990

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API