Legal Opinion

Edwards v. Commissioner

United States Tax Court

Decided November 15, 1976No. Docket Nos. 4371-73, 4372-73PublishedCited by 22 opinions

Pursuant to sec. 482, respondent allocated income to a partnership in respect of sales of equipment by the partnership to a commonly controlled corporation. Respondent's allocation was based upon a determination that an arm's-length price for such equipment would be equal to the manufacturer's list price.

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Pursuant to sec. 482, respondent allocated income to a partnership in respect of sales of equipment by the partnership to a commonly controlled corporation. Respondent's allocation was based upon a determination that an arm's-length price for such equipment would be equal to the manufacturer's list price. Respondent also disallowed a portion of the depreciation claimed by the corporation with respect to equipment used by it in its business. 1. Held, respondent's determination of arm's-length price was unreasonable and arbitrary. 2. Held, further, arm's-length price determined by reference to…

1Opinion of the Court

Irwin, Judge:

Respondent determined the following deficiencies and overassessment in petitioners’ Federal income taxes:

Taxable year ended Deficiency Overassessment

Edward K. and Helen Edwards. 12/31/68 $928.18

12/31/69 $10,660.02

12/31/70 15,788.88

Tex Edwards Co., Inc., 5/31/69 11,572.42

5/31/70 25,416.72

The issues remaining for our determination are: (1) Whether respondent properly "allocated” income, pursuant to section 482,1 in respect of sales of equipment by a partnership to a corporation, both of which were controlled by the individual petitioners; and (2) the correct amount of depreciation…

2Cases cited19 opinions

  1. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  2. Massey Motors, Inc. v. United StatesSupreme Court of the United States · 1960
  3. Nat Harrison Assoc., Inc. v. CommissionerUnited States Tax Court · 1964
  4. Ach v. CommissionerUnited States Tax Court · 1964
  5. Hertz Corp. v. United StatesSupreme Court of the United States · 1960

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

3Cited by22 opinions

  1. Foster v. Comm'rUnited States Tax Court · 1983
  2. Sundstrand Corp. v. CommissionerUnited States Tax Court · 1991
  3. Bausch & Lomb, Inc. v. CommissionerUnited States Tax Court · 1989
  4. Seagate Technology v. CommissionerUnited States Tax Court · 1994
  5. E. I. du Pont de Nemours & Co. v. United StatesUnited States Court of Claims · 1979

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

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