Legal Opinion

Lots, Inc. v. Commissioner

United States Tax Court

Decided February 28, 1968No. Docket Nos. 3059-65, 3060-65Published

1. Moneys advanced to a corporation by its principal stockholder to finance the development of a real estate subdivision, held, on the facts, to be loans rather than contributions to capital. 2. Cost to a real estate developer of constructing a shelter in a city-owned park which the city required as a condition to its approval of the developer's subdivision plat, held, a capital expenditure rather than a business expense. 3. Petitioner purchased an undivided 45-percent…

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1. Moneys advanced to a corporation by its principal stockholder to finance the development of a real estate subdivision, held, on the facts, to be loans rather than contributions to capital. 2. Cost to a real estate developer of constructing a shelter in a city-owned park which the city required as a condition to its approval of the developer's subdivision plat, held, a capital expenditure rather than a business expense. 3. Petitioner purchased an undivided 45-percent working interest in an oil lease for $ 20,000 with the seller reserving an oil production payment of $ 30,600. A proportional…

1Opinion of the Court

Lots, Inc., Petitioner v. Commissioner of Internal Revenue, Respondent; C. B., Jr., and Martha Jean Christie, Petitioners v. Commissioner of Internal Revenue, Respondent

Lots, Inc. v. Commissioner

Docket Nos. 3059-65, 3060-65

United States Tax Court

49 T.C. 541; 1968 U.S. Tax Ct. LEXIS 170; 29 Oil & Gas Rep. 343;

February 28, 1968, Filed

Decisions will be entered under Rule 50.

1. Moneys advanced to a corporation by its principal stockholder to finance the development of a real estate subdivision, held, on the facts, to be loans rather than contributions to capital.

2. Cost to a real estate developer…

2Cases cited22 opinions

  1. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  2. Anderson v. HelveringSupreme Court of the United States · 1940
  3. Thomas v. PerkinsSupreme Court of the United States · 1937
  4. Schnitzer v. CommissionerUnited States Tax Court · 1949
  5. United States v. Victor H. And Elsie Akin, Fred C. And Alice M. Kluver, E.F. And Gladys MunroeCourt of Appeals for the Tenth Circuit · 1957

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