Legal Opinion

Eller v. Commissioner

United States Tax Court

Decided October 29, 1981No. Docket Nos. 3249-80, 3250-80PublishedCited by 24 opinions

One of the corporate petitioners derived income from the operation of a commercial shopping center and a mobile home park. Held, this income constitutes personal holding company income (rents) within the meaning of sec. 543(a)(2), I.R.C. 1954. Webster Corp. v. Commissioner, 25 T.C. 55 (1955), affd. per curiam 240 F.2d 164 (2d Cir. 1957), distinguished.

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One of the corporate petitioners derived income from the operation of a commercial shopping center and a mobile home park. Held, this income constitutes personal holding company income (rents) within the meaning of sec. 543(a)(2), I.R.C. 1954. Webster Corp. v. Commissioner, 25 T.C. 55 (1955), affd. per curiam 240 F.2d 164 (2d Cir. 1957), distinguished. A related partnership sold real estate situated on which was a single-family dwelling which the individual petitioners continued to occupy rent free for a 2-year period following the sale. Held, petitioners' possessory interest was based on a…

1Opinion of the Court

Dawson, Judge:

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

Petitioner Docket No. T.Y.E Deficiency

Walt E. Eller and 3249-80 12/31/72 $1,265

Dorothy M. Eller 12/31/73 20,183

Walt Eller Trailer Sales of Modesto, Inc. 3250-80 8/ 1/74 5,028

Walt Eller Trailer Sales of Merced, Inc. 3250-80 8,454 7/31/74

These cases have been consolidated for purposes of trial, briefing, and opinion. After concessions by the parties, the issues remaining for decision are as follows:(1) Whether income derived by petitioner Walt Eller Trailer Sales of Merced, Inc., from the…

2Cases cited13 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Botany Worsted Mills v. United StatesSupreme Court of the United States · 1929
  3. Interstate Circuit, Inc. v. United StatesSupreme Court of the United States · 1939
  4. Willcutts v. BunnSupreme Court of the United States · 1931
  5. Samuel Pollack and Annie Pollack v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1968

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

3Cited by24 opinions

  1. Gulf Oil Corp. v. CommissionerUnited States Tax Court · 1986
  2. Houston Oil & Minerals Corp. v. CommissionerUnited States Tax Court · 1989
  3. Moser v. CommissionerUnited States Tax Court · 1989
  4. Estate of Gasser v. CommissionerUnited States Tax Court · 1989
  5. Louisiana Land & Exploration Co. v. CommissionerUnited States Tax Court · 1989

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

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