Legal Opinion

Zuanich v. Commissioner

United States Tax Court

Decided August 20, 1981No. Docket No. 594-78PublishedCited by 56 opinions

Petitioner-husband discussed with respondent's agents the availability of the foreign tax credit on account of Canadian taxes paid by a corporation of which petitioner-husband was majority shareholder. Held, the doctrine of equitable estoppel does not bar respondent from disallowing this credit ( Automobile Club of Michigan v. Commissioner, 353 U.S. 180 (1957)); this credit is not allowable.

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Petitioner-husband discussed with respondent's agents the availability of the foreign tax credit on account of Canadian taxes paid by a corporation of which petitioner-husband was majority shareholder. Held, the doctrine of equitable estoppel does not bar respondent from disallowing this credit ( Automobile Club of Michigan v. Commissioner, 353 U.S. 180 (1957)); this credit is not allowable. Petitioner-husband purchased and placed into service on his commercial fishing vessel a hydraulic fishing reel. He purchased the reel entirely with funds withdrawn from a capital construction fund…

1Opinion of the Court

Chabot, Judge:

Respondent determined a deficiency in Federal individual income tax against petitioners for 1975 in the amount of $7,736.85. The issues for decision are as follows:(1) Whether respondent should be equitably estopped from disallowing a portion of petitioners’ claimed foreign tax credit because of petitioner-husband’s asserted reliance on advice understood by petitioner-husband as having been given to him by respondent’s agents; and(2) Whether "basis” for purposes of the investment credit under section 381 is greater than "basis” for depreciation and capital gain purposes, in the…

2Cases cited40 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Automobile Club of Mich. v. CommissionerSupreme Court of the United States · 1957
  3. Dixon v. United StatesSupreme Court of the United States · 1965
  4. Barr v. United StatesSupreme Court of the United States · 1945
  5. Commissioner v. Idaho Power Co.Supreme Court of the United States · 1974

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

3Cited by56 opinions

  1. Zirker v. CommissionerUnited States Tax Court · 1986
  2. Elec. Arts, Inc. v. Comm'rUnited States Tax Court · 2002
  3. Wildman v. CommissionerUnited States Tax Court · 1982
  4. Norfolk Southern Corp. v. CommissionerUnited States Tax Court · 1995
  5. Estate of Jung v. CommissionerUnited States Tax Court · 1993

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

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