Legal Opinion

Huber Homes, Inc. v. Commissioner

United States Tax Court

Decided January 6, 1971No. Docket No. 4765-68PublishedCited by 48 opinions

Huber Homes was engaged principally in the construction and sale of single-family houses. Huber Investment, its wholly owned subsidiary, was engaged principally in the real estate rental business. In 1965 Huber Homes transferred to Huber Investment at cost 52 unsold houses and lots for the purpose of converting them to rental properties. At the time of the transfer, the fair market value of the houses and lots exceeded their cost.

Read the full summary

Huber Homes was engaged principally in the construction and sale of single-family houses. Huber Investment, its wholly owned subsidiary, was engaged principally in the real estate rental business. In 1965 Huber Homes transferred to Huber Investment at cost 52 unsold houses and lots for the purpose of converting them to rental properties. At the time of the transfer, the fair market value of the houses and lots exceeded their cost. Since that time, Huber Investment has retained the 52 houses and lots and has operated them as rental units. The Commissioner determined that as the result of the…

1Opinion of the Court

Tbe Commissioner determined deficiencies in tbe income tax of petitioner for tbe taxable year ended March 31, 1963, and the taxable period beginning March 29,1965, and ending August 31, 1965, in tbe respective amounts of $25,973.15 and $79,311.41.

After concessions by both parties, the issue presented is whether the Commissioner properly “allocated” income to the petitioner, under the terms of section 482, I.E.C. 1954, in respect of its transfer of 52 houses to its wholly owned subsidiary at cost.

BINDINGS OK PACT

The facts stipulated by the parties are incorporated herein by this reference.

Huber…

2Cases cited26 opinions

  1. Commissioner v. CulbertsonSupreme Court of the United States · 1949
  2. Massachusetts v. United StatesSupreme Court of the United States · 1948
  3. Grenada Industries, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1953
  4. Ach v. CommissionerUnited States Tax Court · 1964
  5. National Securities Corp. v. Com'r of Internal RevenueCourt of Appeals for the Third Circuit · 1943

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

3Cited by48 opinions

  1. Ross Glove Co. v. CommissionerUnited States Tax Court · 1973
  2. Brittingham v. CommissionerUnited States Tax Court · 1976
  3. B. Forman Co. v. CommissionerCourt of Appeals for the Second Circuit · 1972
  4. Kerry Inv. Co. v. CommissionerUnited States Tax Court · 1972
  5. The Kahler Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1973

43 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