Legal Opinion

Lucky Stores, Inc. v. Commissioner

United States Tax Court

Decided May 30, 1989No. Docket Nos. 35251-86, 47728-86Published

Petitioner placed in service various items of property at its distribution centers and claimed an investment tax credit with respect thereto under sec. 38, I.R.C. 1954. Held: Petitioner is not entitled to an investment tax credit with respect to such property under sec. 38, I.R.C. 1954, because such property does not constitute "other tangible property * * * used as an integral part of * * * furnishing transportation" within the meaning of sec. 48(a)(1)(B)(i), I.R.C. 1954.…

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Petitioner placed in service various items of property at its distribution centers and claimed an investment tax credit with respect thereto under sec. 38, I.R.C. 1954. Held: Petitioner is not entitled to an investment tax credit with respect to such property under sec. 38, I.R.C. 1954, because such property does not constitute "other tangible property * * * used as an integral part of * * * furnishing transportation" within the meaning of sec. 48(a)(1)(B)(i), I.R.C. 1954. Hub City Foods, Inc. v. Commissioner, 90 T.C. 297 (1988), on appeal (7th Cir., Apr. 26, 1988), followed. Petitioner…

1Opinion of the Court

Lucky Stores, Inc., and Subsidiary Corps., Petitioners v. Commissioner of Internal Revenue, Respondent

Lucky Stores, Inc. v. Commissioner

Docket Nos. 35251-86, 47728-86

United States Tax Court

92 T.C. 1151; 1989 U.S. Tax Ct. LEXIS 79; 92 T.C. No. 75;

May 30, 1989; As corrected June 7, 1989 May 30, 1989, Filed

Decisions will be entered under Rule 155.

Petitioner placed in service various items of property at its distribution centers and claimed an investment tax credit with respect thereto under sec. 38, I.R.C. 1954. Held: Petitioner is not entitled to an investment tax credit with respect to such…

2Cases cited4 opinions

  1. Commissioner v. GroetzingerSupreme Court of the United States · 1987
  2. Vail Assocs. v. CommissionerUnited States Tax Court · 1987
  3. Lucky Stores, Inc. v. CommissionerUnited States Tax Court · 1989
  4. Hub City Foods, Inc. v. CommissionerUnited States Tax Court · 1988

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